33rd / 424th District Courts

Robert Todd Ashmore; R.T. Ashmore, L.L.C.; and C.R. Ashmore Family Partnership Limited, Appellants v. Johnny R. Smith and Sharon Rossberg, Appellees. No. 21050 in the trial court, Burnet County.
Case on 3rd Court of Appeals site. Trial Court affirmed in all respects.

Issue: Trial Court's issuance of final judgment based on a mediated settlement agreement instead of conducting a jury trial.
Brief facts: Written Rule 11 agreement pursuant to mediation, filed with the court. Partial performance. Smith filed M/Enforce the Rule 11 agreement. Ashmore attempted to repudiate because of Smith's breach. Final judgment entered which incorporated the terms of the mediated settlement agreement.
Some law: Contrast Padilla v. La France, 907 S.W.2d 454 (Tex. 1995). Distinguish requirements for an agreed judgment (which can be revoked prior to entry) with those for an enforceable settlement agreement.

The instant case was a Padilla type of situation which is a judgment enforcing a binding contract entered into in the mediation. Importantly, "(a)n agreement may be filed with the court under the requirements of Rule 11 even if consent is withdrawn by a party prior to the filing." Padilla, 907 S.W.2d at 461.

Note: There IS the right to a trial, bench or jury, on the issue of whether the settlement agreement is enforceable but the appellant (Ashmore) did not ask for a jury trial on that issue but presented that to the court and was asking for the agreement not to be enforced and for the entire case to go to a jury.