In re Vaishangi, Inc.
Relators filed suit in Harris County for breach of contract and wrongful foreclosure against a Bank. The parties reached a settlement memorialized in a Rule 11 agreement. The trial court later dismissed all claims but did not incorporate the entire Rule 11 agreement. When the parties disagreed on the terms of the settlement, the Bank foreclosed on the property. Relators then filed suit in Bexar County for wrongful foreclosure. Eleven months after the Harris County lawsuit had been dismissed, Bank filed a motion to enforce the settlement agreement. Relator responded that the trial court’s plenary power expired thirty days after signing the dismissal order, and therefore, the trial court lacked jurisdiction to enforce the Rule 11 agreement. The Harris County subsequently granted the Bank’s motion to enforce the Rule 11 agreement. The Supreme Court conditionally granted Relators’ petition for writ of mandamus and directed the trial court to vacate its order granting the Bank’s motion to enforce the settlement agreement, holding that because the trial court’s plenary power had expired, the court lacked jurisdiction to enforce the agreement. View "In re Vaishangi, Inc." on Justia Law