FLAGEL v. SOUTHWEST CLINICAL PHYSIATRISTS

No. 1 CA-CIV 9377.

157 Ariz. 196 (1988)

755 P.2d 1184

Donald FLAGEL, Plaintiff-Appellant, v. SOUTHWEST CLINICAL PHYSIATRISTS, P.C., Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied May 18, 1988.


Attorney(s) appearing for the Case

Machmer & Schlosser by Gerald A. Machmer, Phoenix, for plaintiff-appellant.

Beus, Gilbert, Wake & Morrill by Caroline Barron, Paula Bickett, Phoenix, for defendant-appellee.


OPINION

EUBANK, Judge.

Our primary consideration is whether the trial court erred in granting summary judgment based on its conclusion that the payment by defendant-appellee, Southwest Clinical Physiatrists, P.C. ("Southwest"), by check, with "Paid in Full" noted on its face, to plaintiff-appellant, Donald Flagel ("Flagel"), of the undisputed part of Flagel's disputed claim constituted an accord and satisfaction of Flagel's whole claim. First, however, we...

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