City Arlington v. James Earl Lummus and Law Firm Jameson & Maxwell

The City of Arlington (City) appeals a judgment awarding Jameson & Maxwell (J & M) one-third attorneys fees from the Citys workers compensation subrogation recovery, complaining the judgment is inconsistent with the courts conclusion the City was actively represented by its own lawyer who actively participated in obtaining the recovery, and J & M did not establish the value of its services. Because the trial court apportioned the fees and did not abuse its discretion in awarding one-third attorneys fees to J & M, we overrule the Citys points of error, we affirm the trial courts judgment, and we find it unnecessary to consider J & Ms cross-point claiming the trial court erred in concluding the Citys attorney actively represented the Citys interest and actively participated in obtaining a recovery.