McCulley, No. 01-14-00604-CV, 2015 WL 1544520, at *1~*2 (Tex.App.— Houston [1st Dist.] Apr. 2, 2015, no pet.) (mem.op,). 2 . To enforce a settlement agreement where consent was withdrawn before judgment was entered, the complaining party must assert a breach of contract claim and obtain judgment through summary judgment or trial. Staley v. Herblin, 188 S.W.3d 334, 336 (Tex.App.—Dallas 2006, pet. denied). We do not need to resolve whether the same rule applies in this circumstance, however, because Palavan has not challenged Realty Boulevard’s failure to assert a breach of contract claim in its pleadings and has not argued that the motions to dismiss were substantively different than a motion for summary judgment. See Roark v. Stallworth Oil & Gas, Inc., 813- S.W.2d 492, 495 (Tex.1991) (<HOLDING>); In re Brookshire Grocery Co., 250 S.W.3d 66,
holding when an issue is tried by implied consent due process concerns are alleviated holding an issue not raised in the pleadings is tried by implied consent where the issue is presented considered and ruled upon by the trial court without objection holding unpleaded claims or defenses that are tried by express or implied consent of parties are treated as if they had been raised by pleadings even in summary judgment proceedings holding that an issue cannot be tried by the parties consent pursuant to rule 15b2 where one of the parties opposes trial by moving for summary judgment holding that parties are bound by admissions in pleadings