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Burnett v. Sharp

Texas Court of Appeals for Houston

328 S.W.3d 594 (2010)

Facts

Charles Burnett (plaintiff) paid attorney David Sharp (defendant) a $3,000 retainer to represent Burnett in a criminal matter. After replacing Sharp with another attorney, Burnett sued Sharp for legal malpractice, seeking the return of any unearned portion of the $3,000 retainer and compensatory damages of $10,000. Specifically, Burnett asserted claims for breach of fiduciary duty, money had and received, conversion, negligence, and intentional misrepresentation, claiming Sharp had provided no legal services other than having Burnett’s case reset five times. Burnett said he and his family members called Sharp multiple times demanding return of the retainer, followed by a written demand, but Sharp never responded or returned the funds. The trial court dismissed Burnett’s claims as lacking any arguable basis in law. Burnett appealed.

Rule of Law

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Issue

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Holding and Reasoning (Frost, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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