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Ansell Healthcare Products Inc. v. United Medical

Ansell Healthcare Products Inc. appeals from a judgment in favor of United Medical on its claim for indemnity under Texas Civil Practice and Remedies Code §82.002. The evidence supports the trial court's awards for indemnity and attorneys' fees, but the award for appellate attorney's fees must be conditioned on which party prevails on appeal. The award of appellate attorney's fees is modified and the judgment as modified is affirmed. Houston's 1st Court of Appeals, No. 01-10-00541-CV, 07-14-2011.

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OPINION

Ansell Healthcare Products, Inc. appeals from a judgment in favor of United Medical on its claim for indemnity under Section 82.002 of the Texas Civil Practices and Remedies Code (the “CPRC”). Ansell contends that United Medical failed to properly segregate its indemnifiable losses, that the attorney’s fees award is unreasonable as a matter of law, and that trial court erred by failing to make the appellate attorney’s fees awards contingent on success on appeal. We conclude that the evidence supports the trial court’s awards for indemnity and attorney’s fees but that the award for appellate attorney’s fees must be conditioned on which party prevails on appeal. We modify the award of appellate attorney’s fees accordingly and affirm the judgment as modified.

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