Flores v. Skaro11/3/2005
Before Justice Yañez, Rodriguez, and Garza
Appellants, Rogelio Flores, individually and as representative of the estate of Teresa Flores, and intervenors, Teodoro and Elida Flores, individually and as next of friends of June Flores, appeal a summary judgment granted in favor of appellee, Ann Skaro, on a claim for breach of an employment contract. We affirm.
Background
On July 1, 1995, Rogelio Flores and his wife, Teresa, retained appellee, as legal counsel, under a contingency-fee agreement ("agreement") to represent them in a personal injury case, individually and as next of friends of their daughter, June Flores, for a medication error committed by a pharmacy, whereby the pharmacy erred in filling a prescription for a drug prescribed to Teresa. This error resulted in the hospitalization of Teresa and ultimately caused her untimely death on November 30, 1995.
After Teresa's death, Rogelio's parents, Teodoro and Elida, proceeding pro se, instituted a suit affecting the parent-child relationship, requesting that the court appoint them as joint managing conservators of June. Appellee had recommended that a change in conservatorship was advisable because Rogelio's behavior apparently was adversely affecting the potential settlement value of the case. In support of this allegation, appellee cites, inter alia, Rogelio's application for marriage to a seventeen-year-old minor, which occurred about five months after Teresa's death. After Rogelio and his parents agreed to a change in conservatorship and Rogelio signed a waiver of service and appearance the court entered an order appointing Teodoro and Elida as joint managing conservators on August 2, 1996.
In light of the conservatorship suit, on July 31, 1996, appellee and Rogelio also modified their agreement, which was changed to provide for appellee's representation of Teodoro and Elida Flores, as managing conservators and next of friend of June, in the personal injury case. Other than this change, the agreement remained the same--the parties agreed to pay appellee one-half (after litigation expenses) of "all monies, interest or property which may be recovered . . .," in exchange for her representation in the personal injury case. Sometime after Teresa's death, appellee filed a wrongful death suit ("underlying suit") in the case on behalf of Rogelio, individually and as representative of the estate of Teresa Flores, and Teodoro and Elida, individually and as next of friends of June. Shortly before trial, appellee negotiated a $6.5 million dollar settlement on her clients' behalf, which the court approved on April 30, 1997.
Approximately three years later, Rogelio sued appellee, asserting a single cause of action for breach of an employment contract on the basis that appellee extracted a fee in excess of the percentage distribution provided for by the parties' agreement. The record reflects that the $6.5 million dollar settlement was distributed as follows:
$6,500,000
| 225,000
| $6,225,000
| 3,137,500 (50% of settlement)
| $3,137,500 (50% remaining)
| 2,823,700
| 18,659
| $295,141
|
Under the settlement distribution, June's portion was structured in annuities and trusts, and Rogelio's portion was paid to him individually.
On November 27, 2002, Teodoro and Elida, as next of friend of June Flores, filed a plea in intervention in Rogelio's suit, asserting a claim to any recovery if the trial court found that appellee
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