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Stirl v. McGhee

The appellants sought to enforce the letter correspondence between the appellee and appellants' insurance adjuster as a binding Rule 11 settlement agreement. Following a bench trial in the severed cause, the trial court denied the relief sought by appellants in their counterclaim and entered a take-nothing judgment, finding that no binding settlement agreement existed between the parties. The trial court failed to prepare and file findings of fact and conclusions of law. The trial court's duty to make such findings and conclusions is mandatory when a party makes a timely request. The appeal is abated. Eastland Court of Appeals, No. 11-10-00042-CV, 01-19-2012.

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In The Eleventh Court of Appeals

ORDER

This is a case regarding the settlement of claims arising from an automobile collision. Appellants, Brenda Corbin Stirl and Ralph E. Stirl, sought to enforce the letter correspondence between appellee, Terry McGhee, and appellants’ insurance adjuster as a binding Rule 11 settlement agreement. See TEX. R. CIV. P. 11. The parties filed concurrent motions for summary judgment regarding the enforceability of appellee’s pro se letter to the insurance adjuster. Appellants also filed a counterclaim for enforcement of the settlement agreement as a valid contract. The trial court denied the motions for summary judgment and severed appellants’ counterclaim from the underlying personal injury lawsuit. Following a bench trial in the severed cause, the trial court denied the relief sought by appellants in their counterclaim and entered a take-nothing judgment, finding that no binding settlement agreement existed between the parties.

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