Legal Opinion
Garcia v. Harding
Court of Appeals of Texas
Decided June 7, 2017No. 08-16-00096-CVPublishedCited by 6 opinions
1Opinion of the CourtAnn Crawford McCLURE, Chief Justice
This appeal raises the question of whether a trial court can, without some type of proper notice, issue a judgment to enforce a "Rule 11" agreement which settles a case. Under the facts presented here, we conclude that a trial court cannot issue do so and reverse and remand the case for further proceedings.
FACTUAL AND PROCEDURAL SUMMARY
John and Jane Harding, individually and on behalf of their deceased mother, Mildred Harding, filed this suit against IHS Acquisition No. 131, Inc., d/b/a Horizon Healthcare Center at El Paso (Horizon) and Appellant Erik Garcia. Horizon runs a nursing home and…
2Cases cited31 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
- In the Interest of R.R. & S.J.S.Texas Supreme Court · 2006
- Peralta v. Heights Medical Center, Inc.Supreme Court of the United States · 1988
- Villarreal v. San Antonio Truck & EquipmentTexas Supreme Court · 1999
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3Cited by6 opinions
- American Fisheries, Inc. v. National Honey, Inc. D/B/A National Commodities Co., or D/B/A NCC Group, Ltd., Jun Yang, Individually, and Lin Huang, Individually, Texas Court of Appeals, 1st District (Houston)2018
- Jacqueline Morales v. Evan Lowenberg, Texas Court of Appeals, 3rd District (Austin)2026
- Lantek Communications, Inc. v. Hamilton Peck, Texas Court of Appeals, 2nd District (Fort Worth)2018
- Laurel Wendt v. Evalyn Wendt Moore, Amilee Wendt, and Jackie Wendt Martin, Texas Court of Appeals, 14th District (Houston)2024
- in Re D.A.J. and A.M.J., Children, Texas Court of Appeals, 4th District (San Antonio)2020
1 more not listed; retrieve them via the Exa API.