Opinion by: KAREN ANGELINI, Justice.
This is an appeal from a final judgment in a wrongful death action. The appellant, Luz Chavez, argues the trial court erred in enforcing a settlement agreement and in rendering judgment based on the settlement agreement. We reverse and remand to the trial court for further proceedings consistent with this opinion.
Chavez's husband and son died when a motor vehicle and a train collided at a railroad crossing in Aguilares, Texas. Chavez's husband, Rudolph Chavez Sr., was the driver of the vehicle, and her adult son, Rudolph Chavez Jr., was a passenger in the vehicle. The train was owned by Kansas City Southern Railway Company. Jose Juarez was the engineer driving the train at the time of the accident.
The case was tried to a jury. The jury returned a verdict in favor of the defendants, and the trial court signed a judgment in accordance with the verdict. The judgment was set aside, however, when the trial court granted the plaintiffs' motion for new trial.
Thereafter, the plaintiffs' counsel and the defendants' counsel entered into negotiations and reached a settlement agreement. The settlement agreement was set out in emails as well as in an October 5, 2010, letter from the plaintiffs' counsel to the defendants' counsel. The trial court appointed a guardian ad litem for Joel, who was a minor, and set a hearing to approve the settlement agreement on behalf of the child. At the hearing, which occurred on April 7, 2011, Chavez appeared and stated:
In response to Chavez's request, the trial court reset the hearing for May 31, 2011. Nothing was filed indicating that the attorney-client relationship between Chavez and Rosenthal & Watson had been dissolved.
On April 27, 2011, the defendants filed a motion to enforce the settlement agreement. The motion states that in September and October 2010 the plaintiffs' and the defendants' counsel negotiated a settlement agreement, the essential terms of which were set forth in emails and an October 5, 2010, letter written by plaintiffs' counsel to defendants' counsel. The trial court set the motion to enforce the settlement for hearing on May 31, 2011. The defendants' counsel served the motion to enforce the settlement agreement on plaintiffs' counsel, who remained Chavez's counsel of record.
The trial court held a hearing on May 31, 2011. Chavez failed to appear at this hearing. Plaintiffs' counsel and defendants' counsel appeared at this hearing. Defendants' counsel urged the trial court to enforce the settlement agreement. Plaintiffs' counsel confirmed that they had entered into a written settlement agreement with the defendants in October 2010, and that they had done so with Chavez's consent. At the conclusion of the hearing, the trial court stated it was granting the defendants' motion to enforce the settlement agreement. Subsequently, however, and apparently in response to correspondence from Chavez, the trial court set the motion to enforce the settlement agreement for rehearing on June 23, 2011. The trial court clerk notified Chavez and all counsel of record of the June 23, 2011, hearing.
Chavez failed to appear at the June 23, 2011, hearing. Plaintiffs' counsel and defendants' counsel appeared at the hearing. At the hearing, the trial court stated,
At the conclusion of the hearing, the trial court signed the defendants' motion to enforce the settlement agreement, and rendered a final judgment that the plaintiffs recover $531,000.00 from Kansas City Southern Railway Company.
Thereafter, Chavez filed a pro se motion for new trial, which was overruled by operation of law. Chavez then filed a pro se notice of appeal.
On appeal, Chavez argues, among other things, that the trial court erred in granting the motion to enforce the settlement agreement and in rendering judgment on the written settlement agreement because the written settlement agreement was not filed as required by Rule 11 of the Texas Rule of Civil Procedure. Rule 11 states that "no agreement between attorneys or parties touching any suit pending will be enforced unless it be in writing, signed and filed with the papers as part of the record, or unless it be made in open court and entered of record." TEX.R. CIV. P. 11. The Texas Supreme Court has stated: "Rule 11 is a minimum requirement for enforcement of all agreements concerning pending suits." Kennedy v. Hyde, 682 S.W.2d 525, 528 (Tex.1984). The rule is an effective tool for finalizing settlements by objective manifestation so that the agreements themselves do not become sources of controversy. Knapp Medical Ctr. v. De La Garza, 238 S.W.3d 767, 768 (Tex.2007). "[S]ettlement agreements `must comply with Rule 11 to be enforceable.'" Id. (citing Padilla v. LaFrance, 907 S.W.2d 454, 460 (Tex.1995)).
Here, it is undisputed that the settlement agreement was in writing and signed by the plaintiffs' counsel. The record reflects that at the May 31, 2011, hearing on the motion to enforce the settlement agreement, the defendants' counsel handed the trial court a copy of an October 5, 2010, letter. The October 5, 2010, letter apparently set out the terms of the settlement agreement. The defendants, however, never filed the October 5, 2010, letter "with the papers as part of the record" as required by Rule 11. See TEX.R.CIV. P. 11. Further, the settlement agreement was not "made in open court and entered of record" as required by Rule 11.
The defendants contend they satisfied Rule 11's requirement because the defendants' counsel presented the trial court with a judgment reflecting the settlement agreement, and Chavez's counsel of record joined in the request that the trial court sign this judgment. See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 677 (Tex.1979) ("[R]ule 11 is satisfied if the oral waiver or agreement made in open court is described in the judgment."). We disagree with the defendants' contention. The record shows that Chavez's counsel of record, Lynn Watson, appeared at both hearings.
Although the record indicates that the October 5, 2010, letter was before the trial court at the May 31, 2011, hearing, the letter is nowhere in the record. The defendants simply failed to file the letter in accordance with the plain requirements of Rule 11. See TEX.R. CIV. P. 11. Because the requirements of rule 11 were not satisfied, we are constrained to hold that the trial court erred in rendering judgment on the settlement agreement. See Knapp, 238 S.W.3d at 768 (holding an alleged settlement agreement was not enforceable when it was neither in writing, nor made in open court and entered of record).
We need not address Chavez's remaining arguments because they are unnecessary to the disposition of this appeal. See TEX.R.APP. P. 47.1.
The trial court's judgment is reversed. This case is remanded to the trial court for proceedings consistent with this opinion.