Compania Financiara Libano, S.A. v. Simmons

The court of appeals held that a suit to enforce provisions of an agreement settling prior litigation that were not included in the final, agreed judgment in that case is an impermissible collateral attack on the agreed judgment. 14 S.W.3d 338. We disagree.

Compañía Financiara Líbano, S.A. and Armando Fong Najarro (collectively, “Compañía”) sued William H. Simmons and Mary Simmons Hensley (collectively, “Simmons”), as well as others, alleging the fraudulent transfer of certain property interests. The parties settled by written agreement calling for Simmons to transfer certain property…