law-settlement-agreements | mediated settlement agreement (MSA) | breach of settlement agreement |
breach of contract cause of action generally | rule 11 agreements | agreed judgment |
Pac. Employers Ins. Co. v. Brannon, 150 Tex. 441, 448, 242 S.W.2d 185, 189 (1951) (distinguishing the
law of accord from that of novation, and stating that "a mere accord does not necessarily supersede the
original claim. . . . "). See also Votzmeyer v. Votzmeyer, 964 S.W.2d 315, 320 (Tex.App.-Corpus Christi
1998, no pet.) (holding that the nonbreaching party "is within her rights to choose to enforce the original
judgment rather than seek enforcement of the later agreement"); Browning, 620 S.W.2d at 616 ("A party
could not be expected to exchange what, on its face, is a matured claim capable of accurate
determination for an agreement that is not complete in its terms, and which thereby might not resolve all
of the issues between the parties. We hold that the agreement is at best an executory accord, and, upon
repudiation, a party may sue either upon the accord or upon the underlying cause of action.").
SETTLEMENT AGREEMENT CASE LAW
Sutton, MDS Ranch, LLC v. Horseshoe Hills, Ltd (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Guzman)
(agreed settlement reversal)
VACATED AND REMANDED: Opinion by Justice Guzman
Before Justices Frost, Seymore and Guzman
14-07-00723-CV Mark B. Sutton, MDS Ranch, L.L.C. and Meridian Exchange Corporation, d/b/a Bee
Creek Realty v. Horseshoe Hills, Ltd., Horseshoe Holdings, L.C., and Don R. Riddle
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon
Buggelli v. Feltis (Tex.App. - Houston [14th Dist.] Aug. 28, 2008)(Guzman)
(DTPA, challenge to judgment on settlement agreement, waiver of error)
AFFIRMED: Opinion by Justice Guzman
Before Justices Frost, Seymore and Guzman
14-07-00027-CV James Buggelli v. Alan J. Feltis and Roy J. Crosby d/b/a Royal Aero
Appeal from 269th District Court of Harris County
Trial Court Judge: John Woolridge
Engineer v. Engineer (Tex.App.- Houston [14th Dist.] Mar. 20, 2008)(subst. opinion by Seymore)
(mediated settlement agreement) (decree did not vary from, but gave effect to MSA and arbitration
award)
AFFIRMED: Opinion by Justice Seymore
14-06-01099-CV Katy Engineer v. Mike Engineer
Appeal from 387th District Court of Fort Bend County
Trial court judge: Hon. Robert J. Kern
Engineer v. Engineer No. 14-06-01099-CV Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Superseded Opinion by
Seymore) (family law arbitration, divorce, property division, mediated settlement agreement, arbitration award)
AFFIRMED: Opinion by Justice Seymore
Katy Engineer v. Mike Engineer
Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern)
ac. Employers Ins. Co. v. Brannon, 150 Tex. 441, 448, 242 S.W.2d 185, 189 (1951) (distinguishing the
law of accord from that of novation, and stating that "a mere accord does not necessarily supersede the
original claim. . . . ").