Terri Mitchell v. Saratoga Investment Company and William Leighton Reed

Case Number
W2004-00587-COA-R3-CV

This case is about enforcement of a settlement agreement. In 1994, the parties entered into a joint agreement for the development of residential property. In 1996, the plaintiff filed a lawsuit against the defendants, alleging breach of contract. The parties attempted to reach a settlement agreement to resolve the dispute. This resulted in a written agreement signed only by the defendant. The defendant made some payments pursuant to the written agreement, but further disputes arose. The defendant moved to enforce the settlement agreement. The plaintiff alleged that she never agreed to the final settlement agreement. The trial court held that the written settlement agreement was binding on the parties. The plaintiff then appealed this ruling, again alleging that no settlement agreement ever existed, and, in the alternative, that the defendant breached the settlement agreement by not tendering the required payments. We vacate the order of the trial court, finding that even if a valid settlement agreement existed, the defendant breached the agreement by failing to tender the required payments.
 

Authoring Judge
Judge Holly M. Kirby
Originating Judge
Judge Walter L. Evans
Case Name
Terri Mitchell v. Saratoga Investment Company and William Leighton Reed
Date Filed
Dissent or Concur
No
Download PDF Version