(Download) "Banda v. Garcia" by In the Supreme Court of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Banda v. Garcia
- Author : In the Supreme Court of Texas
- Release Date : January 30, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
On Application for Writ of Error to the Court of Appeals for the Fourth District of Texas The issue in this cause is whether an attorney's unsworn testimony constitutes some evidence of a pre-suit settlement agreement. The court of appeals held that because the trial court had not placed Banda's attorney under oath, the attorney's statements at a pretrial hearing were not evidence of a pre-suit settlement agreement. 935 S.W.2d 790, 794. We disagree. Javier Garcia was in an automobile accident with Daniel Banda that rendered Garcia brain-damaged and incapacitated. Before filing suit, Garcia's attorney, B. Mills Latham, sent a letter dated February 23, 1993 to Banda's attorney, Shirley Mathis, offering to settle the case for $60,000. In the letter, Latham said that if he did not receive the checks and releases by March 12, 1993, the offer would be withdrawn. According to Mathis, she called Latham before the deadline and accepted the offer but told Latham that the parties would need extra time to file a friendly suit so that the court could appoint attorneys ad litem to represent the incapacitated Garcia and his infant daughter. Latham allegedly agreed.