[Download] "Mantas v. the Fifth Court of Appeals" by The Supreme Court of Texas # eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Mantas v. the Fifth Court of Appeals
• Author : The Supreme Court of Texas
• Release Date : January 12, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

In this original mandamus proceeding, we must determine whether the court of appeals abused its discretion by refusing to summarily enforce a settlement agreement reached while the underlying case was on appeal. We hold that, because the appellee disputed the validity of the settlement agreement, the appellant was required to seek enforcement of the agreement in a separate action, subject to the normal rules of pleading and proof. The court of appeals thus did not abuse its discretion in this regard. We further conclude, however, that the court of appeals did abuse its discretion by refusing to abate the appeal while appellant sought enforcement of the settlement agreement, and that appellant lacks an adequate remedy by appeal. We conditionally grant mandamus relief on the abatement issue only.

Free Download "Mantas v. the Fifth Court of Appeals" PDF ePub Kindle