Appeal from the 133rd District Court Harris County, Texas
Trial Court Case No. 2014-04952-A
consists of Justices Higley, Bland, and Brown.
an appeal from the trial court's summary judgment
enforcing a settlement agreement. On appeal, Carnegie Homes
and Construction, LLC contends that the trial court erred in
granting summary judgment to Funda Sahin, who moved to
enforce the settlement, because (1) the settlement agreement
is unenforceable as a matter of law, (2) Sahin failed to show
that she was entitled to specific performance, and (3)
evidence that Sahin had "unclean hands"
disqualified her from receiving equitable relief. We affirm.
Sahin bought a home from Carnegie Homes. Soon thereafter,
Sahin complained about various construction defects, and
Sahin became dissatisfied with Carnegie Homes's apparent
unwillingness to make repairs. She sued Carnegie Homes and
its officers for breach of contract, common-law and statutory
fraud, and violations of the Texas Deceptive Trade Practices
Act.  Sahin claimed that Carnegie Homes
failed to disclose multiple defects in the Property,
including toxic mold, leaks, doors that did not lock, and a
bedroom ceiling that was caving in.
parties mediated their dispute and reached a settlement, in
which Carnegie Homes agreed to buy back the Property from
Sahin. The parties first documented the settlement as a Rule
11 agreement. Later, they prepared and executed a more
formally drawn, final agreement. When the deadline for
closing on the Property passed without any action from
Carnegie Homes, Sahin amended her pleadings and sought
specific performance of the terms of the final settlement
agreement. She moved for summary judgment on these claims,
and the trial court granted her motion.
Rule 11 agreement obliges Carnegie Homes to:
• purchase the Property from Sahin for $637, 500.00,
which it will pay at the closing of the Property;
• hold the closing related to the sale of the Property
between August 19, 2015 and September 1, 2015;
• pay all closing costs except for prorated property
• if the closing is delayed beyond September 1, 2015,
make all mortgage and escrow payments (taxes and insurance)
related to the Property from September 2, 2014 through the
date of closing.
Rule 11 agreement further provides that:
• in exchange for Carnegie Homes's payment of $637,
500.00, Sabine will sign a mutual release of claims, dismiss
all claims against Carnegie Homes and the Guptas with
prejudice, and assign any third-party claims she may have to
• each party will bear its own attorney's fees and
• the settlement documents will be completed within 30
days of the parties' acceptance of the mediator's
• the parties will attempt to resolve any dispute with
regard to the interpretation or performance of the agreement
with the mediator; and,
• if litigation is brought to construe or enforce the
agreement, the prevailing party shall be entitled to recover
attorney's fees as well as costs and expenses, including
the cost of mediation.
Homes's counsel next drafted a Full and Final Settlement
and Release Agreement based on the terms set forth in the
Rule 11 agreement. Both ...