TBW Development’s motion for summary judgment. The order awarded McCulley and TBW Development $5,153.62 in damages along with attorneys’ fees for unsuccessful appeals and appellate motions. The order provided, “This judgment disposes of all parties and claims and is a final judgment.” Motions to Dismiss In his first issue, Palavan argues that the county court improperly dismissed his appeal. In his second issue, Palavan argues that the county court improperly dismissed his applicati ract between the parties remained. Accordingly, the contract can be enforced, subject to the regular defenses available to contract actions raised by the opposing party. See In re Build by Owner, LLC, No. 01—11— 00513-CV,- 2011 WL 4612790, at *7 (Tex.App.—Houston [1st Dist.] Oct. 6, 2011, no pet.) (mem.op.) (<HOLDING>). Palavan raises a number of grounds for why
holding that in the context of a settlement contract the defrauded party may either 1 rescind the settlement or 2 ratify the settlement retain the proceeds and institute an action to recover fraud damages holding that once consent to settlement agreement is withdrawn agreement can only be enforced as a binding contract that complies with rule 11 as established by proper pleading and proof holding that as a matter of contract no party can be forced to arbitrate unless that party has entered into an agreement to do so holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt holding settlement agreement can be enforced as contract even when party prevents settlement from becoming judgment and holding defending party can assert defenses to contract enforcement