Enforcement of Settlement Agreements
There's been a spate of recent opinions involving enforcements of settlement agreements. Byron reported on a couple of opinions earlier this week. Today I report on Green v. Midland Mortgage Co. decided by the Fourteenth Court of Appeals in Houston. There are four points in this opinion worthy of note:
- First, in an action to enforce a settlement agreement, you've got to have pleadings and proof. [That seems obvious enough]
- Second, the court holds that parties can create an enforceable settlement agreement via e-mail exchanges [One of the many advances of modern technology]
- Third, a motion for summary judgment can be presented orally or by written submission, but if it is presented orally, no oral testimony may be adduced
- Finally, there is a difference between an agreed judgment or consent judgment and a settlement agreement. A court cannot render an agreed judgment absent consent at the time it is rendered.
The court's opinion may be found here.
