[Download] "Wall Street Deli, Inc. v. Boston Old Colony Insurance Co." by Texas Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Wall Street Deli, Inc. v. Boston Old Colony Insurance Co.
- Author : Texas Court of Appeals
- Release Date : January 06, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Opinion Appellees have filed in this court a motion to dismiss the appeal for want of jurisdiction. We agree that the appeal must be dismissed. Wall Street Deli, Inc. f/k/a Sandwich Chef of Texas, Inc. (Wall Street) and its attorneys, Randy J. McClanahan, Scott M. Clearman, and McClanahan & Clearman, L.L.P., attempt to appeal from two orders entered by the trial court: an ""Order Requiring Performance of Obligations Imposed by Final Judgment"" and a ""Second Order Requiring Performance of Obligations Imposed by Final Judgment."" The trial court entered the orders to bind appellants to the terms of the final judgment entered in 1996 based upon the parties' settlement agreement. The settlement agreement, which was incorporated into the trial court's judgment, prohibited the parties in this class-action lawsuit from using the settlement negotiations, the pleadings, any actions related to the settlement agreement, or the settlement agreement itself as evidence or otherwise ""to argue that a court should or should not certify a contested or opposed class against any of the Settling Defendants [appellees] in the Lawsuits or in any other proceeding."" In a subsequent lawsuit filed in federal court as a class action by appellants against various defendants including all but one of the ""Settling Defendants,"" Wall Street used the settlement agreement in its efforts to certify a plaintiff class.