John Higginbotham v. State Farm Mutual Automobile Insurance Company

REYNALDO G. GARZA, Circuit Judge:

John Higginbotham brought suit against State Farm Mutual Automobile Insurance Company alleging both contractual and extra-contractual causes of action. After the *458contractual claim was tried, Judge Lee Rosenthal of the Southern District of Texas, Houston Division granted summary judgment in favor of the defendant on plaintiffs extra-contractual claims. After assessing attorney fees, Judge Rosenthal proceeded to award and then retract an 18 percent statutory fee against the defendant. Plaintiff appeals both the summary judgment and the retraction of this fee. We…