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City of Albany v. Freeney

A genuine issue of fact remained as to whether the city of Albany ever offered to settle the plaintiffs' property damage claims separately from their personal injury claims.

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The City of Albany “the city” appeals from a trial court’s order enforcing a settlement between the city and Linda and George Freeney, contending genuine issues of material fact preclude enforcement of the alleged settlement. The city also asserts that the trial court erred by awarding attorney fees under OCGA § 9-15-14 without holding a hearing and without making the requisite findings of fact and conclusions of law. For the reasons set forth below, we reverse. A de novo standard of review applies to a trial court’s order on a motion to enforce a settlement agreement. DeRossett Enterprises. v. Gen. Elec. Capital Corp. , 275 Ga. App. 728 621 SE2d 755 2005. 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. . . . Citations, punctuation, and footnotes omitted. Id.

So viewed, the record shows that the attorneys representing the opposing parties in this action disagree as to whether the city agreed to settle the Freeneys’ property damage claims separately from their personal injury claims during a settlement conference. The attorneys agree that they met on May 19, 2010 to discuss settlement. Several others were also present.

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