MANTAS v. FIFTH COURT OF APPEALS

No. 96-0198.

925 S.W.2d 656 (1996)

Michael MANTAS, M.D., a/k/a Michael Mantas, Mike Mantas, Dr. Michael Mantas d/b/a the Furniture Store and the Cowboy Furniture Store, Relators, v. THE FIFTH COURT OF APPEALS, Respondent.

Supreme Court of Texas.

July 12, 1996.


Attorney(s) appearing for the Case

Ronald D. Wren, Bedford, for Relators.

Kendall Wayne Hill, Fort Worth, Lewis Benjam Barnett, Jr., Lewisville, J. Benjamin Barlow, Fort Worth, for Respondent.


PER CURIAM.

In this original mandamus proceeding, we must determine whether the court of appeals abused its discretion by refusing to summarily enforce a settlement agreement reached while the underlying case was on appeal. We hold that, because the appellee disputed the validity of the settlement agreement, the appellant was required to seek enforcement of the agreement in a separate action, subject to the normal rules of pleading and proof. The court of appeals...

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