make further inquiry in Texas

2025“The proper inquiry is whether the information in the trial court’s possession is clearly sufficient and of such a nature as to put the court on notice that a party’s consent is lacking and to require the court to make further inquiry before rendering judgment.” Sohocki v. Sohocki, 897 S.W.2d 422, 424 (Tex. App.—Corpus Christi–Edinburg 1995, no writ).

2007See First Heights Bank, FSB v. Marom , 934 S.W.2d 843, 845 (Tex. App. C Houston [14th Dist.] 1996, no writ); see also Trevathan v. Akins , 712 S.W.2d 559, 560 (Tex. App. C Houston [1st Dist.] 1986, no writ) ( A When a trial court has knowledge that one of the parties does not consent to a judgment, the trial court should refuse to . . . make it the judgment of the court. @ ) (emphasis added); Sohocki v. Sohocki , 897 S.W.2d 422, 424 (Tex. App. C Corpus Christi 1995, no writ) ( A The proper inquiry is whether the information in the trial court = s possession is clearly sufficient and of such a

2024An agreed judgment will be set aside if rendered “when the court is in possession of information [that] is reasonably calculated to prompt the court to make further inquiry into the party’s consent thereto, which inquiry, if reasonably pursued, would disclose the want of consent.” Burnaman, 240 S.W.2d at 291–92[.] Cooper v. Cooper, No. 05-20-00507-CV, 2021 WL 1747856 , at *3 (Tex. App.—Dallas May 4, 2021, no pet.) (mem. op.).

2021An agreed judgment will be set aside if rendered “when the court is in possession of information which is reasonably calculated to prompt the court to make further inquiry into the party’s consent thereto, which inquiry, if reasonably pursued, would disclose the want of consent.” Burnaman, 240 S.W.2d at 291–92; see also Le Jeune v. Robbins, No. 10-16-00360- CV, 2021 WL 824991 , at *2 (Tex. App.—Waco Mar. 3, 2021, no pet.) (mem. op.) (“[T]he trial court is on notice that mutual consent is lacking when parties to a settlement agreement submit conflicting motions for entry of judgment.”). –8– Gen

2025“When a consent judgment is rendered without consent or is not in strict compliance with the terms of the agreement, the judgment must be set aside.” Chisholm v. Chisholm, 209 S.W.3d 96, 98 (Tex. 2006) (citing Burnaman v. Heaton, 240 S.W.2d 288 , 291–92 (Tex. 1951)).

2007See First Heights Bank, FSB v. Marom , 934 S.W.2d 843, 845 (Tex. App. C Houston [14th Dist.] 1996, no writ); see also Trevathan v. Akins , 712 S.W.2d 559, 560 (Tex. App. C Houston [1st Dist.] 1986, no writ) ( A When a trial court has knowledge that one of the parties does not consent to a judgment, the trial court should refuse to . . . make it the judgment of the court. @ ) (emphasis added); Sohocki v. Sohocki , 897 S.W.2d 422, 424 (Tex. App. C Corpus Christi 1995, no writ) ( A The proper inquiry is whether the information in the trial court = s possession is clearly sufficient and of such a

2007See First Heights Bank, FSB v. Marom , 934 S.W.2d 843, 845 (Tex. App. C Houston [14th Dist.] 1996, no writ); see also Trevathan v. Akins , 712 S.W.2d 559, 560 (Tex. App. C Houston [1st Dist.] 1986, no writ) ( A When a trial court has knowledge that one of the parties does not consent to a judgment, the trial court should refuse to . . . make it the judgment of the court. @ ) (emphasis added); Sohocki v. Sohocki , 897 S.W.2d 422, 424 (Tex. App. C Corpus Christi 1995, no writ) ( A The proper inquiry is whether the information in the trial court = s possession is clearly sufficient and of such a