Garcia v. Banda

CHAPA, Chief Justice.

This is an appeal from an order granting appellees’ Motion to Enforce Settlement and Set Friendly Suit. On five points of error, appellants contend that the trial court erred in granting the motion. We reverse and remand.

BACKGROUND

On December 7, 1991, Javier Garcia was involved in an automobile accident which rendered him brain damaged and incapacitated. On February 25, 1993, prior to any lawsuit being filed, appellants’ attorney, B. Mills La-tham, offered to settle the Garcias’ claims against appellees for $60,000. In making this offer of settlement, Latham indicated…