Legal Opinion · Dissent

S & L RESTAURANT CORP. v. Leal

Texas Court of Appeals, 4th District (San Antonio)

Decided August 19, 1994No. 04-91-00551-CVPublished

1Dissent

*231BLAIR REEVES, Justice2,

dissenting.

I agree with the majority that the trial court should have considered the evidence Steak & Ale tendered at the motion for new trial. I would hold the agreed judgment void as a matter of law, however, because Steak & Ale revoked the settlement agreement before judgment was rendered. Additionally, the judgment should not be enforced because it does not comply strictly with the agreement.

FACTS

During the trial on the merits, Annie Marie Leal sat in a wheelchair and acted' as if she was in constant and intense pain. Leal testified that as a result of her alleged…

2Cases cited7 opinions

  1. Samples Exterminators v. SamplesTexas Supreme Court · 1982
  2. Reese v. PiperiTexas Supreme Court · 1976
  3. Vickrey v. American Youth Camps, Inc.Texas Supreme Court · 1976
  4. Stewart v. MathesCourt of Appeals of Texas · 1975
  5. Delta Drilling Co. v. Cruz, Texas Court of Appeals, 13th District1986

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