GARCIA v. BANDA

No. 04-95-00382-CV.

935 S.W.2d 790 (1996)

Adolfo GARCIA, as Next Friend of Javier Garcia; Adolfo Garcia, as Next Friend of Jessica N. Garcia and Yvonne Ibarra Garcia, Appellants, v. Daniel Sanchez BANDA and Alberto Sanchez, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled December 12, 1996.


Attorney(s) appearing for the Case

B. Mills Latham, Law Offices of B. Mills Latham, Corpus Christi, for Appellants.

David Cano, Law Office of David Cano, Corpus Christi, Shirley Hale Mathis, Mann, Trevino, Hale & Gallego, Baldemar Garcia, Jr., Donato D. Ramos, Person, Whitworth, Ramos, Borchers & Morales, Emilio Alva, Law Office of Emilio Alva, Belinda Mendez, Law Office of Belinda Mendez, Laredo, for Appellees.

Before CHAPA, C.J., and HARDBERGER and GREEN, JJ.


CHAPA, Chief Justice.

This is an appeal from an order granting appellees' Motion to Enforce Settlement and Set Friendly Suit. On five points of error, appellants contend that the trial court erred in granting the motion. We reverse and remand.

BACKGROUND

On December 7, 1991, Javier Garcia was involved in an automobile accident which rendered him brain damaged and incapacitated. On February 25, 1993, prior to any lawsuit being filed, appellants' attorney...

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