In re Patrice Libaw Trust CA2/1
Parties to a settlement agreement can enforce that agreement in at least two ways; with a breach of contract action, or, if the trial court has retained jurisdiction to enforce the settlement agreement, by a motion pursuant to Code of Civil Procedure section 664.6. Here, Shawn and Evan Libaw attempted via section 664.6 to enforce their settlement agreement with their sister, Patrice Libaw Nikopoulos. Patrice appeals from the resulting probate court judgment entered in her brothers’ favor. Among other points of error, Patrice contends the probate court did not retain jurisdiction to enforce the settlement agreement after she voluntarily dismissed her case. Evan and Shawn cross-appeal, arguing the trial court abused its discretion when it awarded less attorney fees than they requested. Because we find the court lacked jurisdiction to enforce the settlement agreement, we reverse.
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