Legal Opinion

Moseley v. Emco MacHine Works Co.

Texas Court of Appeals, 8th District (El Paso)

Decided December 15, 1994No. 08-93-00416-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

McCOLLUM, Justice.

This ease involves the entry of an agreed judgment. The primary question on appeal is whether a trial court may, in the proper exercise of its discretion, enter a judgment founded on an announced agreement of settlement by the parties, following a trial on the merits, where there was no agreement in writing and where there is evidence that one of the parties to the agreement revoked its consent to the terms of the agreement.

The judgment of the trial court, entered June 25,1993, approves, adopts, and incorporates a purported oral settlement agreement of the parties.

On…

2Cases cited7 opinions

  1. Kennedy v. HydeTexas Supreme Court · 1984
  2. Burnaman v. HeatonTexas Supreme Court · 1951
  3. Quintero v. Jim Walter Homes, Inc.Texas Supreme Court · 1983
  4. Buffalo Bag Co. v. JoachimCourt of Appeals of Texas · 1986
  5. Formby's KOA v. BHP Water Supply Corp., Texas Court of Appeals, 5th District (Dallas)1987

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Ebner v. First State Bank of Smithville, Texas Court of Appeals, 3rd District (Austin)2000
  2. Alcantar v. Oklahoma National BankCourt of Appeals of Texas · 2001
  3. Heblen Kanan, Pharr Plantation Inc. and Pharr Plantation Management Co., Ltd. v. Plantation Homeowner's Association, Inc., Texas Court of Appeals, 13th District2013
  4. Garcia v. HardingCourt of Appeals of Texas · 2017
  5. Atchley v. Spurgeon, Texas Court of Appeals, 4th District (San Antonio)1998

4 more not listed; retrieve them via the Exa API.

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