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Kolbus v. Fromm

The trial court erred in enforcing a purported settlement agreement, as the plaintiff withdrew her alleged telephone offer by changing its terms in an email before the defendants accepted it.

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Brian and JoAnn Kolbus, pro se, appeal from an order of the Superior Court of Oconee County which enforced an oral settlement agreement purportedly reached between the Kolbuses and the appellees, Chris and Teresa Fromm, in this suit concerning a breach of contract claim. The Kolbuses contend that the court erred in granting the Fromms’ motion to enforce an oral agreement to settle the suit for $966.67 because the evidence does not support a finding that such a settlement was reached. We agree and reverse.

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 appellant’s case. Thus, we view the evidence in a light most favorable to the nonmoving party.

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