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BANDA v. GARCIA

No. 97-0066.

955 S.W.2d 270 (1997)

Daniel Sanchez BANDA and Alberto Sanchez, Petitioners, v. Adolfo GARCIA, as next friend of Javier Garcia, Adolfo Garcia, as next friend of Jessica N. Garcia and Yvonne Ibarra Garcia, Respondents.

Supreme Court of Texas.

October 30, 1997.

Attorney(s) appearing for the Case

Donato D. Ramos, Baldemar Garcia, Jr., Laredo, for Petitioners.

Pruett Moore, III, Corpus Christi, Shirley Hale Mathis, Laredo, Rose R. Vela, Corpus Christi, Emilio Alva, Belinda Mendez, Laredo, David Cano, B. Mills Latham, Corpus Christi, for Respondents.

PER CURIAM.

The issue in this cause is whether an attorney's unsworn testimony constitutes some evidence of a pre-suit settlement agreement. The court of appeals held that because the trial court had not placed Banda's attorney under oath, the attorney's statements at a pretrial hearing were not evidence of a pre-suit settlement agreement. 935 S.W.2d 790, 794. We disagree.

Javier Garcia was in an automobile accident with...

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