[Download] "Staley v. Herblin" by Court of Appeals Second District of Texas Fort Worth * Book PDF Kindle ePub Free
eBook details
- Title: Staley v. Herblin
- Author : Court of Appeals Second District of Texas Fort Worth
- Release Date : January 23, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Pamela S. Staley appeals the trial courts order granting a motion to enforce a rule 11 agreement filed by James G. Herblin, as trustee of Heritable Trust Assignee of Charis Interests (the Trust). In her first issue, Staley argues the evidence does not support the trial judges findings of fact and conclusions of law that there was an agreement sufficient to satisfy the requirements of Texas Rule of Civil Procedure 11. We agree and conclude the trial judge erred in ordering enforcement of a settlement agreement where fact issues exist regarding the terms of any agreement and one party had withdrawn consent prior to entry of the trial judges order. We reverse the trial courts order granting the motion to enforce rule 11 agreement and remand for further proceedings consistent with this opinion.