Simmons v. Compania Financiera Libano, S.A.

I respectfully dissent. The majority finds that due to the Mother Hubbard language in the agreed judgment, the Rule *34211 agreement was merged into the agreed judgment, thus making this suit a collateral attack of the final judgment in the prior case. The opinion further states that the instant suit is barred by the doctrines of merger and/or res judicata. For the following reasons, I disagree with the majority opinion.

The Mother Hubbard language in the prior agreed judgment did not incorporate the Rule 11 agreement into the agreed judgment, nor did it prevent Compania’s subsequent suit for breach…