Egerton Walter and Michele Boyer, as next friends of Jacqulyn Boyer, appeal from the trial court’s order granting a motion by Angela Mitchell to enforce a settlement agreement between the parties. We affirm, for reasons that follow. In reviewing an order on a motion to enforce a settlement agreement, “we construe the evidence to uphold the trial court’s judgment.”1 And we will not disturb the trial court’s factual findings unless they are ” ‘clearly erroneous.’ “ 2 So viewed, the record shows that on September 8, 2006, the plaintiffs filed suit on behalf of Jacqulyn Boyer, a minor child, against Mitchell and Safeco Insurance Company of Illinois, alleging that the child sustained personal injuries when she was struck by Mitchell’s vehicle.3 On July 17, 2008, Mitchell filed a motion to enforce a settlement agreement with the plaintiffs.
In support of the motion, Mitchell filed the affidavit of Marie Borders, the insurance claim representative assigned to the plaintiffs’ claim. According to Borders, attorney Anton Rowe called her on June 6, 2007 and made a $9,000 settlement demand on behalf of the plaintiffs. Borders avers that she told him during the telephone call that the insurance company’s maximum offer was $5,000 and that Mr. Rowe accepted the offer. Borders then notified the plaintiffs of the $5,000 settlement by letter dated June 7, 2007. On June 8, 2007, attorney Felicia Rowe sent Borders a letter on behalf of the plaintiffs, stating that:We have not settled this case. My clients will not agree to a $5000.00 settlement offer. Their little girl endured significant injuries and $5,000.00 certainly is not sufficient. Furthermore, I, nor sic my clients, agreed to the $5,000 offer. You have been misinformed about my clients’ wishes. Since Mr. Rowe is not the attorney representing Mr. and Mrs. Boyer, it is understandable. However, you have received correspondence from me and should have addressed the offer to me. . . . See you in court.4 The plaintiffs opposed Mitchell’s motion to enforce the settlement agreement and filed the affidavit of Anton Rowe in support thereof. Mr. Rowe states that he “did not settle the matter nor did he accept her offer of $5000.00 on behalf of the clients. Further, he did not intend to create the impression that the case was settled.” Following oral argument, the trial court granted Mitchell’s motion to enforce the settlement agreement.
