· 7/12/1996
Mantas v. Fifth Court of Appeals
Citations
- 925 S.W.2d 656
- 39 Tex. Sup. Ct. J. 1052
- 1996 Tex. LEXIS 101
- 1996 WL 391138
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that proper way to enforce settlement agreement is through breach-of-contract suit
- recognizing that, when a settlement dispute arises while the trial court has jurisdiction over the underlying action, “a claim to enforce the settlement agreement should, if possible, be asserted in that court under the original cause number”
- providing that a settlement agreement is enforceable “in the same manner as any other contract”
- providing that when consent to a settlement agreement is withdrawn, the party seeking enforcement must pursue a breach of contract claim subject to normal rules of pleading and proof
- stating that party seeking enforcement of settlement agreement “must pursue a separate breach-of-contract claim, which is subject to the normal rules of pleading and proof”
- holding court of appeals abused its discretion by refusing to abate appeal where parties were already engaged in resolution proceedings
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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