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DISCOVER PROPERTY & CAS. INS. CO. v. TATE

No. 04-08-00757-CV.

298 S.W.3d 249 (2009)

DISCOVER PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. Charles TATE, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled August 26, 2009.

Attorney(s) appearing for the Case

David L. Brenner, Michael J. Donovan, Burns Anderson Jury & Brenner, L.L.P., Austin, TX, for Appellant.

Michael P. Doyle, Kim Goodling, Quentin Haag, Doyle Raizner, L.L.P., Byron C. Keeling, Ruth B. Downes, Keeling & Downes, P.C., Houston, TX, for Appellee.

Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by: PHYLIS J. SPEEDLIN, Justice.

Discover Property & Casualty Insurance Company ("Discover") appeals an award of attorney's fees against it under section 408.221(c) of the Texas Workers' Compensation Act. Because we hold the trial court erred in denying Discover's right to a jury trial on the amount of reasonable and necessary attorney's fees, we reverse and remand for a new trial on attorney's fees.

FACTUAL AND PROCEDURAL BACKGROUND...

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