Garcia v. Martinez Ex Rel. Martinez, 988 S.W.2d 219 (Tex. 1999). · Go Syfert
Garcia v. Martinez Ex Rel. Martinez, 988 S.W.2d 219 (Tex. 1999). Cases Citing This Book View Copy Cite
368 citation events (348 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Texas Department of Public Safety v. Bryan Jason Saintes
Tex. App. · 2025 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
cited Cited as authority (rule) F.H. v. F.H.
Tex. App. · 2024 · confidence medium
Mullins, 498 S.W.3d at 705 (citing Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999)). 5 B.
cited Cited as authority (rule) Cheryl Jackson and John Harmon v. Megan Johnson
Tex. App. · 2024 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
cited Cited as authority (rule) Brian Sporn v. Marcantonio
Tex. App. · 2023 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999).
cited Cited as authority (rule) In Re: Commitment of Timothy Lynn Loving, Jr. v. the State of Texas
Tex. App. · 2023 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
cited Cited as authority (rule) Prashant Prabhulkar v. Progressive Auto Insurance
Tex. App. · 2022 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999). –7– B.
cited Cited as authority (rule) Litigation & Records Services, LLC James Lee, Jr. James Lee Law Firm, PC Lee & Murphy Law Firm, GP Clayton A. Clark Clayton A. Clark, Esq., PC And Clark Love & Hutson, GP v. QTAT BPO Solutions, Inc.
Tex. App. · 2022 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999) (per curiam).
discussed Cited as authority (rule) Moses Malone Junior v. James Harden (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner “without reference to any guiding rules or principles.” Id. (quoting Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999)).
discussed Cited as authority (rule) Texas Petroleum Land Management, LLC, Robert Ralph Riggs, Elizabeth Ann Riggs Lawrence, and Jeane Hancock Riggs Weller v. Dorothy Kalmbach McMillan, Kathryn McMillan Taylor, Austin Trust Company, and Nancy M. Higgs
Tex. App. · 2022 · confidence medium
A trial court does not abuse its discretion “unless it acts without reference to guiding rules or principles.” Cantu, 2021 WL 2132259 , at *10 (citing Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999)).
discussed Cited as authority (rule) Carl Owens, Jr., Connie Owens, Michael Terry, and Sandi Terry v. the City of Tyler, Texas
Tex. App. · 2021 · confidence medium
A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner “without reference to any guiding rules or principles.” Madison, 241 S.W.3d at 155 (quoting Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999)).
cited Cited as authority (rule) Samuel Abdo v. Richmond Stop Food Mart Husam Ent. Inc and Mohid Almohamad
Tex. App. · 2021 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
cited Cited as authority (rule) Deisy Umana v. Jose O. Rodriguez-Ramos
Tex. App. · 2021 · confidence medium
Id. (citing Carpenter v. Cimarron Hydrocarbons Corp., 98 S.W.3d 682, 687 (Tex. 2002); Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999)).
cited Cited as authority (rule) San Antonio Federal Credit Union v. Mario R. Cantu
Tex. App. · 2021 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
cited Cited as authority (rule) Unique M. Green v. Federal National Mortgage Association & Onewest Bank, N.A.
Tex. App. · 2019 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
cited Cited as authority (rule) Jerrene L'Amoreaux and Clarke L'Amoreaux v. Federal Home Loan Mortgage Corporation
Tex. App. · 2019 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
cited Cited as authority (rule) Maria Turrubiartes v. Jose Pablo Olvera
Tex. App. · 2017 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999) (per curiam); Alanis v. US Bank Nat’l Ass’n, 489 S.W.3d 485, 510 (Tex. App.—Houston [1st Dist.] 2015, pet. denied).
cited Cited as authority (rule) Maria Turrubiartes v. Jose Pablo Olvera
Tex. App. · 2017 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999) (per curiam); Alanis v. US Bank Nat’l Ass’n, 489 S.W.3d 485, 510 (Tex. App.—Houston [1st Dist.] 2015, pet. denied).
cited Cited as authority (rule) in Re Judith Shoemaker Gibson
Tex. App. · 2017 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999). 6 .
cited Cited as authority (rule) Mario Patterson v. Ronald Fox
Tex. App. · 2017 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
cited Cited as authority (rule) Angela Osore, Individually and on Behalf of B.W., B.E. and Q.H. v. Lily Reed, William Watson and Watson Enterprises
Tex. App. · 2017 · confidence medium
A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner “without reference to any guiding rules and principles.” See Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
discussed Cited as authority (rule) Neurodiagnostic Tex, L.L.C. v. Pierce
unknown court · 2016 · confidence medium
A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner “without reference to any guiding rules or principles.” Madison, 241 S.W.3d at 155 (quoting Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999)).
discussed Cited as authority (rule) Neurodiagnostic Tex, L.L.C. v. Robert \Josh\" Pierce and Synergy IOM
unknown court · 2016 · confidence medium
A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner “without reference to any guiding rules or principles.” Madison, 241 S.W.3d at 155 (quoting Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999)).
cited Cited as authority (rule) Donald B. Mullins and Blue Sky Right of Way, L.L.C. v. Martinez R.O.W., LLC F/K/A Martinez Investments
Tex. App. · 2016 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999).
cited Cited as authority (rule) In re Texas Mutual Insurance Co.
Tex. App. · 2016 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999); In re Mid-Century Insurance Company of Texas, 426 S.W.3d 169, 178 (Tex.App.-Houston [1st Dist.] 2012, orig. proceeding).
cited Cited as authority (rule) St. Mina Auto Sales, Inc. and Victor S. Elgohary v. Najwa Al-Muasher, D/B/A American Auto Sales, D/B/A American Auto Sales 1.1
Tex. App. · 2015 · confidence medium
A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner “without reference to guiding rules and principles.” See Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
discussed Cited as authority (rule) Sloan Creek II, L.L.C. v. Texas Department of Transportation (2×)
Tex. App. · 2015 · confidence medium
Carpenter v. Cimarron Hydrocarbons Corp., 98 S.W.3d 682, 687 (Tex.2002); Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999).
cited Cited as authority (rule) Llyasah Dupree Dba 360 Degrees Beauty Academy v. Boniuk Interests, Ltd
Tex. App. · 2015 · confidence medium
Id. (citing Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999)).
cited Cited as authority (rule) Nathan Hilton, M.D v. Nevillyn Wettermark
Tex. App. · 2015 · confidence medium
Id. at *2 (citing Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999)).
cited Cited as authority (rule) Wesley Spears and Renee Jacobs v. Falcon Pointe Community Homeowner's Association
Tex. App. · 2015 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
cited Cited as authority (rule) Noordin Bhamani and Nooruddin T. \Nick\" Bhamani v. Citizens Enterprises
unknown court · 2015 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
discussed Cited as authority (rule) Robert Tyson, Carl and Kathy Taylor, Linda and Ron Tetrick, Jim and Nancy Wescott, and Paul and Ruthe Nilson v. Robert N. Freeman II (2×)
Tex. App. · 2015 · confidence medium
The District Court Erred in denying plaintiffs’ Motion to Withdraw Any Deemed Admissions, having Granted only the second set of Admissions withdrawn. 15 CONCLUSION AND PRAYER ……………………………………………….. 21 APPENDIX (All documents contained in Clerk’s Record and Reporters’ Records) INDEX OF AUTHORITIES CASES: Dubois v. Harris County 866 S.W. 2d 787, 791 (Tex.App.-Houston[14th Dist.], 1993 ……….. 9 McConathy v. McConathy 869 S.W.2d, 341 (1994)……………………………………………… 10,13 Deerfield Land Joint Venture v. Southern Union Realty …
cited Cited as authority (rule) Ana Cecilia Cantu v. Edward Lee Cantu
Tex. App. · 2015 · confidence medium
“A trial court abuses its discretion when it acts without reference to any guiding rules and principles.” Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
discussed Cited as authority (rule) Robert Tyson, Carl and Kathy Taylor, Linda and Ron Tetrick, Jim and Nancy Wescott, and Paul and Ruthe Wilson v. Demar Boren and Lorena Yates (2×)
Tex. App. · 2015 · confidence medium
The District Court Erred in Granting Appellees’ Motions For Severance ……………………………………………………… 14 CONCLUSION AND PRAYER ……………………………………………….. 15 APPENDIX (All documents contained in Clerk’s Record and Reporters’ Records) 3 INDEX OF AUTHORITIES CASES: Dubois v. Harris County 866 S.W. 2d 787, 791 (Tex.App.-Houston[14th Dist.], 1993 ……….. 9 McConathy v. McConathy 869 S.W.2d, 341 (1994)……………………………………………… 10,13 Deerfield Land Joint Venture v. Southern Union Realty Co. 758 S.W.2d…
cited Cited as authority (rule) Robert Troy McClure v. State
Tex. App. · 2015 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
cited Cited as authority (rule) Michael Joe Ellis v. TDCJ
Tex. App. · 2015 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
discussed Cited as authority (rule) Veronica L. Davis and James Anthony Davis v. State Farm Lloyds Texas (2×)
Tex. App. · 2015 · confidence medium
A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner “without reference to any guiding rules or principles.” Madison v. Williamson, 241 S.W.3d 145, 155-156 (Tex. App.-Houston [1st Dist.] 2007, pet. denied), quoting Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999).
discussed Cited as authority (rule) Lisa Welcome v. Texas Roadhouse, Inc., Texas Roadhouse of Friendswood, Ltd., Texas Roadhouse Management Corp., Texas Roadhouse Holdings, LLC and Roadhouse Enterprises, Inc.
Tex. App. · 2014 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999) (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 , 241–42 (Tex. 1985)).
cited Cited as authority (rule) Charles Clay Warner, Jr. v. TDCJ-CID
Tex. App. · 2014 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
discussed Cited as authority (rule) Christus Spohn Health System Corporation, Doing Business as Christus Spohn Hospital Corpus Christi - Shoreline v. Minerva Lopez, Individually as Wrongful Death Beneficiary of Humberto Lopez, on Behalf of the Estate of Humberto Lopez, and on Behalf of All Wrongful Death Beneficiaries of Humberto Lopez
Tex. App. · 2014 · confidence medium
“An abuse of discretion occurs when a trial court acts in an arbitrary or unreasonable manner or without reference to any guiding principles.” Moore v. Sutherland, 107 S.W.3d 786, 789 (Tex. App.—Texarkana 2003, pet. denied) (citing Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999)).
discussed Cited as authority (rule) Trisun Healthcare, LLC and Trisun Care Center River Ridge v. Minerva Lopez, Individually as Wrongful Death Beneficiary of Humberto Lopez, on Behalf of the Estate of Humberto Lopez, and on Behalf of All Wrongful Death Beneficiaries of Humberto Lopez
Tex. App. · 2014 · confidence medium
“An abuse of discretion occurs when a trial court acts in an arbitrary or unreasonable manner or without reference to any guiding principles.” Moore v. Sutherland, 107 S.W.3d 786, 789 (Tex. App.—Texarkana 2003, pet. denied) (citing Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999)).
cited Cited as authority (rule) H2O Solutions, Ltd. v. PM Realty Group, LP
Tex. App. · 2014 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999) (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985)).
discussed Cited as authority (rule) H2O Solutions, Ltd. v. PM Realty Group, LP and Provident Investor Group, GP, LLC
Tex. App. · 2014 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999) (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 , 241–42 5 We address the effect of H2O Solutions’ judicial admissions on its quantum meruit claim separately below. 30 (Tex. 1985)).
cited Cited as authority (rule) Bruce Wesley Nichol v. Suhaila Saud Nichol
Tex. App. · 2014 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
discussed Cited as authority (rule) Henry Scott Baker v. Regency Nursing and Rehabilitation Centers, Inc., Port Lavaca Nursing and Rehabilitation Center, Inc., Regency Nursing Center Partners of Port Lavaca, Ltd., Timothy McFarland, M.D., and Don Paul Bunnell, M.D.
Tex. App. · 2013 · confidence medium
“An abuse of discretion occurs when a trial court acts in an arbitrary or unreasonable manner or without reference to any guiding principles.” Moore v. Sutherland, 107 S.W.3d 786, 789 (Tex. App.—Texarkana 2003, pet. denied) (citing Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999)).
cited Cited as authority (rule) Patrick Kittman v. Holly Kay Miller
Tex. App. · 2013 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
discussed Cited as authority (rule) Henry Scott Baker v. Regency Nursing and Rehabilitation Centers, Inc., Port Lavaca Nursing and Rehabilitation Center, Inc., Regency Nursing Center Partners of Port Lavaca, Ltd., Timothy McFarland, M.D., and Don Paul Bunnell, M.D.
Tex. App. · 2013 · confidence medium
“An abuse of discretion occurs when a trial court acts in an arbitrary or unreasonable manner or without reference to any guiding principles.” Moore v. Sutherland, 107 S.W.3d 786, 789 (Tex. App.—Texarkana 2003, pet. denied) (citing Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999)).
cited Cited as authority (rule) D&M Marine, Inc. D/B/A Phipps & Company Homes v. J. Neal Turner and Kerie B. Turner
Tex. App. · 2013 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999).
cited Cited as authority (rule) Cabot Oil & Gas Corporation v. Healey, L.P.
Tex. App. · 2013 · confidence medium
Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
cited Cited as authority (rule) John Sloan and Robert Sloan v. Charles Hill and Patricia Hill, Trustees of the Charles E. Hill and Patricia D. Hill Family Trust
Tex. App. · 2013 · confidence medium
A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner “without reference to any guiding rules or principles.” Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex. 1999).
Retrieving the full opinion text from the archive…
Samuel T. GARCIA, Jr., M.D., Petitioner,
v.
Miroslava MARTINEZ, on Behalf of Herself and as Next Friend of Abraham Martinez, and Juan Andres Martinez, Respondents
97-1011.
Texas Supreme Court.
Apr 1, 1999.
988 S.W.2d 219
[*220] PER CURIAM.

We overrule Respondent’s motion for rehearing. However, we withdraw our opinion of October 8, 1998, and substitute the following in its place.

The issue in this case is whether the trial court abused its discretion in the guardian ad litem fee it assessed against defendant Dr. Garcia. Because there was no evidence to support the trial court’s award of fifteen thousand dollars in ad litem fees against Dr. Garcia, we reverse the court of appeals’ judgment and remand the cause to the trial court to render judgment consistent with this opinion.

Miroslava Martinez, on her own behalf and as next friend for her child, Abraham, and Juan Andres Martinez, the child’s father, sued Universal Health Services of McAllen d/b/a McAllen Medical Center, McAllen Medical Center, and Dr. Samuel Garcia, alleging negligence and medical malpractice during Abraham’s delivery. Abraham was born blind, deaf, severely mentally retarded, hy-drocephalic, and suffering from cerebral palsy. The defendants requested the appointment of a guardian ad litem to represent[*221] Abraham’s interests. The trial court appointed Francisco Rodriguez on February 19, 1993.

Two months later, the parties settled and the trial court signed a final agreed judgment in which Abraham received $200,000 to be deposited in trust, while his parents, individually and as next friend, received $1,000,-000. Dr. Garcia paid $100,000 of the judgment, and the Medical Center and Universal Health Services paid the remaining $1.1 million. [1] There were no restrictions placed on the parents’ use of their part of the judgment. The agreed final judgment ordered that court costs be paid by the defendants pro rata.

At the hearing in which the trial court approved the agreed judgment, the parties informed the court that they had not agreed on an ad litem fee and would pass on that item and come back to the court for a hearing if necessary. However, before the parties reached agreement on the fee, and without holding an evidentiary hearing, the trial court filled in the ad litem fee blank on the agreed judgment with the amount of $75,000. Dr. Garcia appealed the $75,000 fee award, complaining that the trial court abused its discretion by making the award without conducting an evidentiary hearing. The court of appeals reversed and remanded for an evi-dentiary heainng on the guardian ad litem fee. 894 S.W.2d 806. Before the case was remanded back to the trial court, defendants McAllen Medical Center and Universal Health Services settled their portion of the ad litem fee with Rodriguez for $24,000.

On remand, the trial court held a healing and ordered Dr. Garcia to pay $15,000 as his part of the guardian ad litem’s fee. Dr. Garcia appealed the trial court’s order. He contended that the trial court abused its discretion in awarding $15,000 as his part of the guardian ad litem’s fee because the agreed final judgment provided that he was responsible for only one-twelfth of the court costs. The court of appeals affirmed the trial court’s judgment. 989 S.W.2d 758.

The court of appeals held that “[e]ven if the trial court abused its discretion, Dr. Garcia did not call the attention of the trial court to the matter by motion to retax the cost or in any other manner.” 989 S.W.2d at 762. The record shows that Dr. Garcia objected to the $15,000 fee against him on several occasions, including in his motion requesting a new trial or a modification, correction or reformation of the judgment. Thus, Dr. Garcia preserved his complaint for appellate review.

The agreed judgment states that “all costs of Court in this cause, including the sum of_, set as the attorney’s fees for Frank Rodriguez, Guardian Ad Litem for the minor child herein, are taxed against Defendants ... pro rata.” (emphasis added). Rodriguez contests whether the agreed judgment remains valid in light of the court of appeals’ reversal and remand in the initial appeal, arguing that “[gjenerally, when an appellate court remands a case for further proceedings, the effect is to remand the case for a new trial on all the issues of fact and the case is reopened in its entirety. If a reversal is limited to particular fact issues, it must clearly appear from the decision that it is so intended.” Gordon v. Gordon, 704 S.W.2d 490, 491 (Tex.App.—Corpus Christi 1986, writ dism’d). Rodriguez contends that the court of appeals’ remand had the effect of overruling the agreed judgment’s mandate that the defendants share all court costs pro rata. We disagree.

The court of appeals reversed and remanded the case in the initial appeal only “as to the issue of the Guardian Ad Litem’s fee for an evidentiary hearing.” 894 S.W.2d at 807. The court’s subsequent opinion also acknowledged the limited purpose of its initial remand: “We originally remanded this case for an evidentiary hearing to determine one issue; that is, the amount of guardian ad litem fees.” 989 S.W.2d at 763. Thus, the court of appeals clearly intended for the remand to be limited to a particular fact issue. It did not overrule the entire agreed judgment or the part governing taxing of court costs. Because the judgment taxes costs pro rata, Dr. Garcia is only responsible for the proportion of the court costs, including the[*222] ad litem fee, that corresponds to his proportion of the contribution to the settlement.

A guardian ad litem is entitled to a reasonable fee for his services to be taxed as a part of the costs. See Tex.R. Civ. P. 178. The amount of an ad litem fee award is in the trial court’s sound discretion, and will not be set aside absent evidence that the trial court clearly abused its discretion. See, e.g., Brownsville-Valley Reg’l Med. Ctr. v. Gamez, 894 S.W.2d 753, 756 (Tex.1995). A trial court abuses its discretion when it acts without reference to any guiding rules and principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985), cert. denied 476 U.S. 1159, 106 S.Ct. 2279, 90 L.Ed.2d 721 (1986). The clarifying order, from which Dr. Garcia appeals, orders that Rodriguez “have judgment against Samuel Garcia in the amount of $15,000, for said Defendant’s portion of ad litem fees, and for all costs of court_” Dr. Garcia argues that because he is responsible for only one-twelfth of the ad litem’s fee, the trial court must have found that $180,000 ($15,000 x 12) was a reasonable fee for Rodriguez’s services.

Generally, trial courts employ the same factors used to determine the reasonableness of attorney’s fees to ascertain an appropriate guardian ad litem fee. See Simon v. York Crane & Rigging Co., 739 S.W.2d 793, 794 (Tex.1987). [2] These factors include:

(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill required to perform the legal service properly;
(2) the likelihood ... that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent on results obtained or uncertainty of collection before the legal services have been rendered.

Arthur Andersen v. Perry Equip. Corp., 945 S.W.2d 812, 818 (Tex.1997) (quoting Tex. DISCIPLINARY R. Prof. Conduct 1.04). Rodriguez testified that he spent 60 to 75 hours on the case; that $250 to $300 is a reasonable hourly fee for someone with his experience; that the family was represented by an attorney; that Dr. Garcia’s attorney had already agreed to pay the policy limits ($100,000) before Rodriguez was appointed ad litem; that his client received $200,000 from the settlement; that the final agreed judgment was signed two months after his appointment; that he could not say that the case precluded him from taking other work; and that while complexity is a subjective evaluation, in his mind, “every medical malpractice case starts off being complex.” At the most, Rodriguez’s testimony will support a total ad litem fee of $22,500 (75 hours times $300.00 per hour). This fee reimburses Rodriguez for procuring one-sixth of the $1.2 million settlement for the severely injured child, with the rest going to the parents who suffered no physical injuries without restrictions on their use of the funds. Under the agreed judgment, Dr. Garcia’s exposure is limited to one-twelfth of the ad litem’s reasonable fee ($100,000 of the $1.2 million). Thus, the trial court abused its discretion in ordering Dr. Garcia to pay $15,000 as his part of the ad litem fee.

[*223] Rodriguez also testified that Dr. Garcia should pay $10,000 in ad litem fees because he paid $100,000 of the settlement and $10,-000 is a reasonable proportion of Dr. Garcia’s settlement payment. We cannot consider Rodriguez’s testimony about receiving a percentage of Dr. Garcia’s settlement amount as an ad litem fee. The order appointing Rodriguez did not base his fee on a contingency basis, and his recovery of ad litem fees was never contingent on success.

Accordingly, we grant the petition for review and, without hearing oral argument, reverse the court of appeals’ judgment and remand the cause to the trial court to render judgment consistent with this opinion. See Tex.R.App. P. 59.1.

1

. The judgment has been paid in full. Only the ad litem's fee award remains at issue.

2

. Although the same factors govern the reasonableness of guardian ad litem and attorney’s fees, the roles of a guardian ad litem and an attorney differ significantly. As the Court stated in American General Fire & Casualty Co. v. Vandewater, 907 S.W.2d 491, 493 n. 2 (Tex.1995): “A guardian ad litem is not an attorney for the child but an officer appointed by the court to assist in properly protecting the child's interests.... The guardian ad litem is required to participate in the case to the extent necessary to protect the minor." Furthermore, a guardian ad litem is subject to the strictures of TexR. Civ. P. 173, which requires that a conflict exist between the minor and the next friend before the court can appoint the guardian.