QUESTION
In Texas a mediated settlement mandated my adversary build a 'new'fence on ranch land that separates our land. He refused. Remedies?
Asked on Nov 04th, 2019 on Civil Litigation - Texas
More details to this question:
The mediation settlement was properly documented, filed, etc. and the fence was to be built. The other party gave the name of the fence contractor, saying the job had been done. Not so. When challenged, my adversary denied the mediation's terms and refused to read a mailed copy with an offer to an alternative way. Several subsequent face-to-face talks until his health failed and he passed also failed. Now, I'm trying to succeed with his widow (2nd wife). The basic question is in regard to enforcing the contract. The mediation was 8-10 years ago but, stipulates the parties' heir, assigns, representative, etc. are bound to the settlement. Next steps?
1 ANSWER
An attorney will need to review the contract along with how the settlement agreement was entered into the Court records. Since you are outside of the general statute of limitations for enforcing a contract (4 years), other details of this case become extremely important. For instance, there could be tolling of the statute of limitations due to the mention of fraud or it could have been entered as an enforceable judgment. I would move quickly to seek legal review regardless.
Answered on Nov 06th, 2019 at 2:28 PM