United Services Automobile Association v. Hills

Like the chameleon changes its color, so the court’s opinion shifts from position to position and finally concludes with an affirmance of the trial court’s judgment.

It cannot conceal, however, the ultimate fact that it here compels the payment of a contingent fee to a lawyer by an insurance company who never employed him and specifically directed him not to represent it in a court action.

I have been of the opinion that an appellate court should pay attention to the pleadings in a cause, the *136positions of the parties, the issues presented, and the evidence received bearing on those issues.

I…