The Levin Law Group v. Ernesto De Andre Sigmon, Fourteenth Court of Appeals, Houston, Texas
In The
Fourteenth Court of Appeals
No. 14-08-01165-CV
THE LEVIN LAW GROUP, P.C., Appellant
v.
ERNESTO DE ANDRE SIGMON, Appellee
On Appeal from the County Court at Law No. 4
Harris County, Texas
Trial Court Cause No. 917748
Jan. 21, 2010.
MEMORANDUM OPINION
Appellant, the Levin Law Group, P.C. (“LLG”) filed suit against attorney Ernesto de Andre Sigmon for breach of an agreement to mediate an underlying civil lawsuit. The trial court granted Sigmon's motion for summary judgment after Sigmon asserted, inter alia, (a) he did not accept the terms of the agreement, (b) he did not reschedule or cancel the mediation, and (c) the statute of frauds operated to bar the alleged oral contract. We affirm the judgment.
Background
On January 25, 2008, Allan G. Levine, an attorney for one of the plaintiffs in the underlying civil lawsuit, contacted LLG to obtain potential dates for scheduling mediation of the dispute with Alan F. Levin, the principal shareholder of LLG. After obtaining several available dates, Levine contacted Sigmon, the defendant's attorney, and Don Fogel, the other plaintiff's attorney in the underlying case. After checking their respective calendars, the attorneys “settled on February 8, 2008” to mediate the underlying dispute.
Levine notified Levin's office and confirmed the date. LLG faxed a letter containing information regarding the mediation to all three attorneys on January 29, 2008. This letter provided: “In the absence of
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