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LEVINE v. BAYNE, SNELL & KRAUSE, LTD.

No. 99-0981.

40 S.W.3d 92 (2001)

Ron LEVINE and Serena Levine, Petitioners, v. BAYNE, SNELL & KRAUSE, LTD., Respondent.

Supreme Court of Texas.

Decided February 1, 2001.

Rehearing Overruled April 5, 2001.

Attorney(s) appearing for the Case

Roger W. Hughes, Adams & Graham, Harlingen, Dana R. Allison, The Allison Law Firm, Brownsville, Thomas Clayton Hollis, Elms & Harmon, San Antonio, for Petitioners.

Barry Snell, Bayne Snell & Krause, San Antonio, Shephen E. McConnico, Jan M.N. Webre, Scott Douglass & McConnico, Austin, for Respondent.

Justice ENOCH delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice BAKER, Justice HANKINSON, and Justice O'NEILL join.

Ron and Serena Levine agreed to pay their lawyers one-third of "any amount received by settlement or recovery" from their lawsuit against Donald and Pat Smith. The Levines obtained an award against the Smiths, but the award was offset by the Smiths' successful counterclaim. The Levines and their attorneys now argue over how...

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