dead tree on fence

[luisa]

What is the name of your state? tx
Back in feburary of this year my mean and hateful nieghbor's dead tree fell on my fence- well, part of the tree, being the type of person he is, I called the police out there and asked them to talk to him about fixing my fence.
The officer told me that the nieghbor had acknowledged the problem and that he would take care of it. This was in FEBURARY. He has done nothing so in April I sent him a certified letter asking him to fix my fence or I was going to small claimes court. He never responded. The police had told me that it was a civil case and they couldn't make him fiix it, that I would have to let a judge dicide.
So I have dicided to sue him. I went to the court house and filed a suit againt him almost two weeks ago.
Saturday I got a letter from him- the nieghbor telling me the the tree falling and damaging my fence was "an act of God" and that it will only take him 150.00 to fix it instead of 490.00 + court cost that I am suing him for. That 490.00 is the amount that I got for fixing the fence and having someone haul off the branches and limbs that after the second time of us cleaning decided to let the court decide.
By the way- He also states in his letter that the tree "is not dead". and that it is a safe tree. I have pictures to prove other wise.
I feel like I gave him plenty of time to fix the problem at his "cost".
Now it's too late.
Please advice me as to what I need to be prepared and do I have a chance in court?
Thanks!