[DOWNLOAD] "Stanley Jampole v. W. Douglas Matthews and Schmidt" by First District, Houston No. 01-91-00312-CV Court of Appeals of Texas # Book PDF Kindle ePub Free

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• Title: Stanley Jampole v. W. Douglas Matthews and Schmidt
• Author : First District, Houston No. 01-91-00312-CV Court of Appeals of Texas
• Release Date : January 13, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Opinion ON MOTION FOR REHEARING Appellees, Matthews and the firm, have filed a motion for rehearing, which we overrule with
brief comment. For clarity, we emphasize that this case does not present for determination the issue of whether Matthews and the firm had
a right to renegotiate the fee agreement with the Jampole family, or whether they properly did so. Matthews and the firm did
not assert as grounds for summary judgment that they are not liable as a matter of law. Neither did they assert as grounds
for summary judgment that there is no fiduciary duty under Archer v. Griffin, 390 S.W. 735 (Tex. 1965), which prohibits an
attorney from renegotiating a fee agreement during the existence of the attorney-client relationship. Rather, the only asserted
grounds for summary judgment were procedural grounds, that the running of the applicable statute of limitations barred appellants'
suit, and that the failure to replead by the Jampole family in accordance with the trial court's order entitled Matthews and
the firm to summary judgment. We intend no comment on the merits of the Jampole family's allegations against Matthews and
the firm, because such issues are not before us on this appeal of the summary judgment.

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