The Appellate Group

Magleby Cataxinos & Greenwood v. Schnibbe

Magleby Cataxinos & Greenwood v. Schnibbe, 2023 UT App 54 (Harris, J.)

Contracts/Civil Procedure

Schnibbe disputed his share of a large contingency fee received by the Magleby Cataxinos & Greenwood law firm in 2016. The district court granted summary judgment in the Firm’s favor. Schnibbe appealed. On direct appeal, the Utah Court of Appeals affirmed, holding:

  • The elements of accord and satisfaction are met under Utah law in this case. The firm’s payment to Schnibbe was offered as a full settlement of the dispute, and Schnibbe accepted the payment by keeping the money, thus satisfying the dispute even though he did not sign the release.
  • Schnibbe’s counterclaims were inadequately briefed.
  • Practice Tip: In contesting a district court’s decision, an appellant must provide sufficient evidence and legal analysis to support their claims—not just allege that the decision is wrong.

Read the full court opinion