In Burnaman v. Heaton, 150 Tex. 333, 240 S.W.2d 288 (Tex. 1951), a rule of civil procedure required any settlement agreement to 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." 240 S.W.2d at 290-91. The agreement in that case was overturned because one of the plaintiffs was in the hospital at all times, and was never present in the courtroom during the settlement negotiations. The Texas Supreme Court held that the court had the duty to make sure all parties agreed to the settlement before entering the order.