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Tillman v. Mejabi

The parties had reached a meeting of the minds on the essential terms of a settlement agreement, and the trial court properly ordered the plaintiff to execute a release of claims to accomplish the parties' agreement to a full and final settlement of the matter.

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John and Terry Tillman, plaintiffs in a personal injury suit arising from a car crash, appeal from an order granting defendant Funmilayo Mejabi’s motion to enforce a settlement agreement. The Tillmans contend that the trial court erred because Mejabi’s acceptance of their settlement demand contained additional terms not included in the plaintiffs’ demand. For the reasons that follow, we affirm.

We apply a de novo standard of review to a trial court’s order on a motion to enforce a settlement agreement. Because the issues raised are analogous to those in a motion for summary judgment, in order to succeed on a motion to enforce a settlement agreement, a party must show the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of the appellants’ case. Thus, we view the evidence in a light most favorable to the nonmoving party.1

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