“Unless otherwise stated by these rules, no agreement is reached between lawyers or parties affecting a pending action, unless it is written, signed and filed with the documents that are part of the protocol, or if it is not entered into open court and entered into the record.” Although a Rule 11 agreement “cannot be used as the basis for an agreed judgment if a party withdraws its consent before the court has rendered a judgment,” the attempt to revoke the agreement under Rule 11 may open to a violation of the contract action. Henry v. City of Fort Worth, 02-09-065-CV (Tex. App.-Fort Worth February 18, 2010, pet. refused) (mem. op.) See also Padilla v. LaFrance, 907 S.W.2d 454, 462 (Tex. 1995) (with “measures to enforce a settlement agreement for which consent is revoked must be based on proper documentation and evidence.” A party may revoke its consent; However, revocation cannot mean much if the contract can be applied in terms of contract law. A lawyer could agree to let the client deal with it. In the absence of a Rule 11 agreement, there will be no way to enforce it. If the lawyer has signed and contains the essential conditions, it is enforceable. But the day after the hearing, the ex-husband won more than $2 million in the lottery. Id.
The ex-wife, who rightly wanted a portion of the profits, argued that by not making a decision on certain property issues agreed in the previous MSA, the court had firmly separated the divorce from ownership cases and that, therefore, the parties were still married and that lottery winnings were community property. Id. at 888. Since agreements are governed by contract law under Rule 11, an action to enforce a Rule 11 agreement, for which consent has been withdrawn, must be based on proper documentation and evidence. A party seeking enforcement must pursue a separate breach of contract law and, as with most contractual claims in Texas, legal fees can be recovered if the movant prevails. This process is also likely to be an expensive consequence, unrelated to the underlying issues. Therefore, the parties should strive to respect the agreements they have entered into under section 11 in order to allow for an effective decision on the issues. In re the Marriage of Joyner, the parties signed a negotiated transaction agreement (MSA) “that limited and divided most of their assets” and complied with the provisions of paragraph 6.602 of the Texas Family Code.