33rd / 424th District Courts

A series of letters between attorneys (or any other agent of a party) is sufficient to satisfy Rule 11's writing requirement and withdrawal of consent to the settlement does not render such settlement as is set forth in the Rule 11 agreement unenforceable.

See Padilla v. LaFrance, 907 S.W.2d 454 (Tex. 1995).

Distinguish this circumstance from an "Agreed Judgment" for which the consent might be withdrawn prior to the Court's making it the order of the Court. An "Agreed" or "Consent" Judgment must have viable consent at the very moment it is made the judgment of the court.

Although the Padilla case is well-established law, the issue continues to arise on occasion and thus is repeated here.

See Millican, Cause No. 21336, Burnet County.