Smart Cemetery v. Bell Holdings, L.L.C.

ALMON H. MAUS, Senior Judge.

By its petition in this action, the plaintiff, Smart Cemetery, sought to quiet title and recover damages against defendants Stanley Bell and Bell Holdings, L.L.C., his development company. No one has raised an issue as to the capacity of Smart Cemetery to sue. See Rule 55.13.

The basic issue in this case is whether or not an agreement to settle a dispute which is the subject of a pending action may be enforced by a motion in that action. In this case, the trial court sustained the defendants’ motion to enforce a settlement agreement and dismissed the action. Smart…