Requirement Provide the FIRAC - Facts, Issues, Rule, Analysis, Conclusion? In December 2001, Louis and Deborah Pearson

     Requirement

Provide the FIRAC - Facts, Issues, Rule, Analysis, Conclusion?

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In December 2001, Louis and Deborah Pearson signed a contract related to the purchase and installation of an HVAC system in their home by Awesome Air. The Pearsons later decided not to use Awesome Air's services or products. On August 8, 2002, Awesome Air filed suit against the Pearsons for breach of contract. The Pearsons were each served with citation and answered separately,² asserting that the signed document was an estimate rather than a contract, and that they had been told they only needed to sign it for insurance purposes. The handwritten answers were file-stamped September 20 and October 11, respectively. Awesome Air filed a notice of hearing on October 30, setting trial for December 19. After the Pearsons failed to appear at trial, the trial court heard evidence and signed a default judgment in favor of Awesome Air for $3,101.39 in damages, $310.14 in pre-judgment interest, $245 in costs of court, $2,330 in attorney fees, and additional attorney's fees in the event of an appeal. The Pearsons filed a motion for new trial on February 21, 2003, alleging that they did not receive notice of the trial setting and were unaware that the trial had occurred or that a judgment had been signed until a writ of execution was attempted at Mrs. Pearson's place of business on February 5.3 A hearing on the motion for new trial was held on March 24.4 The trial court denied Mr. Pearson's motion, but granted Mrs. Pearson's. Awesome Air subsequently dismissed its suit against Mrs. Pearson. This appeal followed. In December 2001, Louis and Deborah Pearson signed a contract related to the purchase and installation of an HVAC system in their home by Awesome Air. The Pearsons later decided not to use Awesome Air's services or products. On August 8, 2002, Awesome Air filed suit against the Pearsons for breach of contract. The Pearsons were each served with citation and answered separately,² asserting that the signed document was an estimate rather than a contract, and that they had been told they only needed to sign it for insurance purposes. The handwritten answers were file-stamped September 20 and October 11, respectively. Awesome Air filed a notice of hearing on October 30, setting trial for December 19. After the Pearsons failed to appear at trial, the trial court heard evidence and signed a default judgment in favor of Awesome Air for $3,101.39 in damages, $310.14 in pre-judgment interest, $245 in costs of court, $2,330 in attorney fees, and additional attorney's fees in the event of an appeal. The Pearsons filed a motion for new trial on February 21, 2003, alleging that they did not receive notice of the trial setting and were unaware that the trial had occurred or that a judgment had been signed until a writ of execution was attempted at Mrs. Pearson's place of business on February 5.3 A hearing on the motion for new trial was held on March 24.4 The trial court denied Mr. Pearson's motion, but granted Mrs. Pearson's. Awesome Air subsequently dismissed its suit against Mrs. Pearson. This appeal followed.

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FIRAC is a common framework used in legal analysis and legal writing It stands for Facts Issues Rule ... View the full answer