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KNAPP MEDICAL CENTER v. DE LA GARZA

No. 06-0575.

238 S.W.3d 767 (2007)

KNAPP MEDICAL CENTER, Petitioner, v. Javier E. DE LA GARZA and Javier E. De La Garza, M.D., P.A., Respondents.

Supreme Court of Texas.

Rehearing Denied December 14, 2007.

Attorney(s) appearing for the Case

Humberto G. Garcia, Curney, Garcia, Farmer, Pickering & House, P.C., San Antonio, Miguel David Wise, Weslaco, and Richard P. Hogan Jr., Jennifer Bruch Hogan, Hogan & Hogan, L.L.P., David Mark Goldberg, Pillsbury Winthrop Shaw Pittman LLP, Houston, TX, Petitioner.

Ramon Garcia, Sonia I. Lopez, Law Offices of Ramon Garcia, P.C., Edinburg, and Rene B. Gonzalez, Attorney At Law, Brownsville, Kevin H. Dubose, Alexander Dubose Jones & Townsend LLP, Houston, TX, for Respondent.

PER CURIAM.

In this case, we must decide whether Texas Rule of Civil Procedure 11 bars enforcement of a disputed oral settlement agreement. Rule 11 requires that agreements between attorneys or parties touching any pending suit be in writing, signed and filed of record, or be made in open court and entered of record as a condition to enforcement. The court of appeals found the rule to be no impediment when it affirmed a trial court judgment for damages in contract...

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