law-MSA mediated settlement agreement | breach of settlement agreement
MEDIATED SETTLEMENT AGREEMENT (MSA)
Equipment Resources International, Inc. v. Webb (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Bland) (MSA,
(breach of mediated settlement agreement, bad faith sanctions, contractual agreement to dismiss pending suit)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00374-CV Equipment Resources International, Inc. v. Julie L. Webb
Appeal from 61st District Court of Harris County
Trial Court Judge: Hon. John Donovan
Court of Appeals Affirms Confirmation of Arbirator's Decision in Post-Divorce SAPCR Dispute Based
on MSA In Interest of EBL et al (Tex.App.- Houston [14th Dist.] Sep. 29, 2009)(Seymore)
(family court mediation and arbitration, numerous challenges to arbitration award, attempted recusal of arbitrator,
appropriateness of mediation, ADR when domestic violence alleged, preservation of error)
AFFIRMED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-06-01095-CV In the Interest of E.B.L.G, H.L.L.G, and N.L.G.
Appeal from 257th District Court of Harris County
Trial Court Judge: Judy L. Warne
Cobb v. Morace (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Jennings)(mediated settlement agreement MSA,
breach of settlement agreement)(summary judgment addressed more issues than covered by motion)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Jennings
Before Justices Jennings, Hanks and Bland
01-07-01036-CV W. Neil Cobb v. Johnny B. Morace and Geo-Lab, Inc.
Appeal from 269th District Court of Harris County
Trial Court Judge: Hon. John Thomas Wooldridge
Unlike the MSA, the judgment does not require Morace to guaranty the repayment by Geo-Lab in the event that
Geo-Lab redeems the stock. The judgment does not require Morace to memorialize the purchase of Cobb’s
stock in a promissory note. Finally, the judgment does not give Cobb a security interest in the stock of Geo-Lab.
Accordingly, we hold that the trial court erred in significantly altering the original terms of the MSA by excluding
the portion of the MSA securing the quarterly payments with purchased stock and requiring a guaranty,
promissory note, and security agreement.
Can a Mediated Settlement Agreement be Revoked?
Mallia v. Mallia (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Yates)(judgment on mediated settlement agreement
MSA, revocation of consent, rescission, rescinding agreement prior to judgment)
AFFIRMED: Opinion by Justice Brock Yates
14-07-00695-CV Sharon Fountain Mallia and Charles Christopher Mallia v. Sharon Biering Mallia
Before Justices Brock Yates, Seymore and Boyce
Trial Court Judge: Russell P. Austin
Messina v. Messina (Tex.App- Houston [1st Dist.] July 24, 2008)(Bland)
(divorce post-judgment proceeding, undisclosed assets, MSA, sanctions, dismissal with prejudice following
nonsuit)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00277-CV Susan Gail Messina v. Louis Anthony Messina
Appeal from 308th District Court of Harris County
Trial Court Judge: Hon. Georgia Dempster
Divorce Decree based on MSA and Arbitration Award Affirmed
Engineer v. Engineer No. 14-06-01099-CV Tex.App.- Houston [14th Dist.] Mar. 20, 2008)(Superseding opinion
by Seymore) (family law arbitration, divorce, property division, mediated settlement agreement, arbitration award)
AFFIRMED: Opinion by Justice Seymore
Katy Engineer v. Mike Engineer
Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern)
In this divorce action, Katy Engineer appeals the amended divorce decree on the grounds that the decree does
not accurately reflect the mediated settlement agreement and the arbitration award. Court concludes that the
final divorce decree does not vary from the terms of the mediated settlement agreement or the arbitration
award. Accordingly, the court of appeals affirms the judgment of the trial court.
Olvera v. Olvera (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Higley)
(family law, mediated settlement agreement stands)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
01-07-00231-CV Maria Reyna Olvera v. Jose Pablo Olvera
Appeal from 247th District Court of Harris County
Trial Court Judge: Hon. Bonnie Hellums
Messina v. Messina (Tex.App- Houston [1st Dist.] July 24, 2008)(Bland)
(divorce post-judgment proceeding to partition marital assets, undisclosed assets, MSA, agreement incident to
divorce, AID, sanctions, dismissal with prejudice following nonsuit, attorney's fees)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00277-CV Susan Gail Messina v. Louis Anthony Messina
Appeal from 308th District Court of Harris County
Trial Court Judge: Hon. Georgia Dempster
Also see case from Austin Court of Appeals --> Mediated Settlement Agreement Stands
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