Hawkins v. Howard

OPINION

Opinion by

Justice MORRIS.

In this appeal from an agreed judgment, Edwin Troy Hawkins and Dallas Juice Company, Inc. contend the trial court abused its discretion in refusing to hear evidence in support of their motion for new trial. The grounds asserted in the motion included breach of the underlying settlement agreement following entry of the judgment, the absence of Dallas Juice Company’s signature on the settlement agreement, and alleged fraud in the inducement. Because we conclude the trial court was obligated to hear evidence on the issue of fraud, we remand the cause to the trial…