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COLONIAL AMERICAN CAS. AND SUR. v. SCHERER

No. 03-06-00097-CV.

214 S.W.3d 725 (2007)

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, Appellant, v. Nancy SCHERER, Successor Administrator of the Estate of Kimberly Lynn Lambert, Deceased, Appellee.

Court of Appeals of Texas, Austin.

January 19, 2007.

Attorney(s) appearing for the Case

Robert M. O'Boyle, Strasburger & Price, L.L.P., Austin, for appellant.

Kent J. Lisenby, The Lisenby Law Firm, P.C., Fort Worth, for appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

JAN P. PATTERSON, Justice.

The question presented by this appeal is whether the surety on a bond securing the original administrator of an estate is liable for attorney's fees incurred by a successor administrator in a suit against the original administrator for neglect and mismanagement of the estate. Colonial Casualty and Surety Company as surety appeals from the award of attorney's fees by the...

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