JOSEPHINE A. ANDES, Appellant, v. MICHAEL J. ALBANO, et al., Respondents, THEODORE R. KNOX, et al., Defendants., 853 S.W.2d 936

Summary

The release provision in the adverse party's dissolution proceeding provided and the adverse party confirmed on the record, that each party released all claims known or unknown that they may have against each other and their respective attorneys. The adverse party subsequently initiated several tort claims against opposing counsels arising from the dissolution proceeding and contended among other things that that the release did not apply to opposing counsels. The court held that: (1) the parties' intent and the surrounding circumstances made it clear that the release included opposing counsels; (2) as long as there was sufficient consideration for the underlying release, it was irrelevant that the intended beneficiaries lacked consideration; (3) opposing counsels were third party beneficiaries with standing to enforce the release because it was intended that they benefit from the agreement; (4) feeling "pressured and hurried" were not sufficient grounds for duress; (5) opposing ...