INTERNATIONAL DAIRY QUEEN, INC. v. MATTHEWS

No. 09-03-067 CV.

126 S.W.3d 629 (2004)

INTERNATIONAL DAIRY QUEEN, INC. and American Dairy Queen Corporation, Appellants, v. Melinda MATTHEWS, Individually and on Behalf of the Estate of Tyler Shane Matthews, Deceased Minor, Michael Matthews and Whitney Matthews, Appellees.

Court of Appeals of Texas, Beaumont.

Decided January 22, 2004.


Attorney(s) appearing for the Case

Michael K. Rose, R. Lyn Stevens, Donald Francis Lighty, Stevens, Baldo & Freeman, LLP, Beaumont, for appellants.

Paul D. Clayton, Orange, for appellees.

Before McKEITHEN, C.J., DON BURGESS and DAVID B. GAULTNEY, JJ.


OPINION

DAVID B. GAULTNEY, Justice.

Appellants International Dairy Queen, Inc. and American Dairy Queen Corporation appeal a $63,770 award of attorney ad litem fees in a personal injury case. Appellants argue the evidence is insufficient to support the fee award and the fee award is grossly excessive as a matter of law. They claim credit for $41,500 in fees paid by other defendants.

Replacing another appointed attorney, the attorney ad litem for...

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