Legal Opinion

Mantas v. Fifth Court of Appeals

Texas Supreme Court

Decided July 12, 1996No. 96-0198PublishedCited by 161 opinions

1Per curiam

In this original mandamus proceeding, we must determine whether the court of appeals abused its discretion by refusing to summarily enforce a settlement agreement reached while the underlying case was on appeal. We hold that, because the appellee disputed the validity of the settlement agreement, the appellant was required to seek enforcement of the agreement in a separate action, subject to the normal rules of pleading and proof. The court of appeals thus did not abuse its discretion in this regard. We further conclude, however, that the court of appeals did abuse its discretion by refusing…

2Cases cited3 opinions

  1. Jack B. Anglin Co., Inc. v. TippsTexas Supreme Court · 1992
  2. Padilla v. LaFranceTexas Supreme Court · 1995
  3. Cadle Co. v. Castle, Texas Court of Appeals, 5th District (Dallas)1995

3Cited by161 opinions

  1. Ford Motor Co. v. CastilloTexas Supreme Court · 2009
  2. Texas a & M University-Kingsville v. LawsonTexas Supreme Court · 2002
  3. In Re Burlington Coat Factory Warehouse of McAllen, Inc.Texas Supreme Court · 2005
  4. In re LeeTexas Supreme Court · 2013
  5. Environmental Procedures, Inc. v. Guidry, Texas Court of Appeals, 14th District (Houston)2009

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