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JONES v. ORTIZ

No. 13-93-647-CV.

924 S.W.2d 378 (1995)

Dawn JONES and Husband, Thomas E. Jones, Jr., Appellants, v. Margarito ORTIZ, Appellee.

Court of Appeals of Texas, Corpus Christi.

Publication Ordered May 23, 1996.

Attorney(s) appearing for the Case

Cynthia T. Sheppard, Houston, Marek & Griffin, Victoria, for appellants.

Michael A. Johnson, Cullen, Carsner, Seerden & Cullen, Victoria, Mark C. Rains, Cullen, Carsner, Seerden & Cullen, Victoria, for appellee.

Before DORSEY, YAÑEZ and WARREN WHITHAM, JJ.

OPINION

DORSEY, Justice.

Dawn and Thomas Jones appeal the trial court's finding that their claim for personal injuries is barred by the affirmative defenses of accord and satisfaction or payment and release. The trial court conducted a bifurcated bench trial on the affirmative defenses and entered a take-nothing judgment in favor of appellee, Margarito Ortiz. The dispute centers upon an insurance company check bearing the notation on its face "all claims...

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