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LEFEVRE v. KEATY

No. 98-40709.

191 F.3d 596 (1999)

Frank H. LEFEVRE; et al., Plaintiffs, Jane Ross; Wendy Carmichael, Plaintiffs-Appellees, v. Robert M. KEATY; Thomas Keaty; Keaty & Keaty, doing business as The Keaty Firm, Defendants-Appellants. Jane Ross; Wendy Carmichael, Plaintiffs-Appellees, v. Keaty & Keaty, doing business as The Keaty Firm; Robert Keaty; Thomas Keaty, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 30, 1999.

Attorney(s) appearing for the Case

Joseph Charles Blanks, Woodville, TX, for Plaintiffs-Appellees.

Kenneth John Bower, Douglas W. Poole, Michael B. Hughes, McLeod, Alexander, Powel & Apffel, P.C., Galveston, TX, for Defendants-Appellants.

Before REYNALDO G. GARZA, HIGGINBOTHAM and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this diversity case, we determine whether an enforceable settlement occurred under Texas Rule of Civil Procedure 11. Because we find that parties reached no enforceable settlement on which a judgment could be based, we VACATE AND REMAND the final judgment of the district court.

I.

Jane Ross and Wendy Carmichael brought this diversity action for negligence and breach of fiduciary duty against their lawyers...

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