Fidelity Mutual Life Insurance Co. v. Robert P. Kaminsky, M.D., P.A.

OPINION

GRANT, Justice.

The Fidelity Mutual Life Insurance Company appeals from a summary judgment granted in favor of Dr. Robert Kaminsky. Kaminsky brought this action to recover attorney’s fees incurred in a prior suit against Fidelity. He was granted a summary judgment in the amount of $5,800.

On appeal, Fidelity contends that Kamin-sky’s claim for attorney’s fees is barred by waiver, res judicata, and Rule 97 of the Texas Rules of Civil Procedure as a compulsory counterclaim. Fidelity complains that the trial court should have denied Ka-minsky’s motion for summary judgment on this basis and…