Flagel v. Southwest Clinical Physiatrists, P.C.

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 Fla-gel’s disputed claim constituted an accord and satisfaction of Flagel’s whole claim. First, however, we consider whether the trial court erred in denying Flagel a change of judge based on waiver. Finally, we consider whether the trial court…