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Ramirez v. Dick Law Firm PLLC

Court: Tx 1-Houston  09/01/2022  Court Reverses and Remands Judgment For Law Firm In Fee Dispute with Public Adjusters

The Court found that the law firm had not established as a matter of law the affirmative defense of accord and satisfaction despite presenting evidence that the public adjusting firm had cashed a check for $1287.50, which included a statement in the memorandum section that it was in full and final payment of all claims and that it was cashed following the demand from the public adjusting firm for payment of an additional $115,000 for services previously rendered because the law firm had previously sent checks to the adjusters containing similar memorandums and neither party had ever asserted that those checks represented full payment of the amount that the law firm owed to the public adjusters.

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