DAVID J. SACKS, P.C. v. HADEN

No. 07-0472.

266 S.W.3d 447 (2008)

DAVID J. SACKS, P.C. d/b/a Sacks & Associates, Petitioner, v. Charles McIntyre HADEN, Jr., Individually, and Charles McIntyre Haden, Jr. & Company d/b/a Haden & Company, Respondents.

Supreme Court of Texas.

September 26, 2008.


Attorney(s) appearing for the Case

David J. Sacks, pro se, Kristen Aldridge Black, Sacks Law Firm, David W. Holman, The Holman Law Firm, P.C., Houston, TX, for Petitioner.

Richard N. Countiss, Countiss Law Firm, Arnold G. Polanco, Ross, Banks, May, Cron & Cavin, Houston, TX, Douglas W. Alexander, Alexander Dubose Jones & Townsend LLP, Austin, TX, for Respondents.


PER CURIAM.

The question in this case is whether a written attorney's fee agreement that specifies only hourly fee rates may be modified by evidence of an oral capping agreement. We hold that it may not because parol evidence cannot modify a written agreement absent ambiguity. Accordingly, we reverse the court of appeals' judgment and remand the case to the court of appeals for consideration of other issues raised on appeal.

Haden & Company and its owner...

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