Mrs. Frances Burnaman v. Mrs. Jan Higdon Peabody Heaton

Summary

The Texas Supreme Court reversed the trial court's judgment entered on December 12, 1951, which was based on a settlement announced in open court, because the plaintiff had not consented to the settlement at the time of entry. The Court held that a consent judgment requires contemporaneous consent of the party and that Rule 11 does not control the validity of the judgment.