This case was transferred to this court by the Georgia Supreme Court.1 The appeal arises out of the dissolution of a medical practice; the action was brought by Wilbur B. Bassett Jr. against Thomas Jackson Tidwell. Following a jury verdict and judgment in favor of Bassett, Tidwell appeals. The trial court’s judgment directed that the real estate deed between the parties be reformed to include two lots omitted from the original deed. Tidwell complains that the trial court erred in failing to direct a verdict in his favor or grant a judgment notwithstanding the verdict because there was no “scrivener’s error;” he asserts that the failure to include the omitted lots was a unilateral mistake and negligence on the part of Bassett. We conclude that the evidence was in conflict and that the trial court properly submitted the question to the jury. We therefore affirm. Bassett is a physician practicing in Columbus, Georgia. In 1991, he invited Tidwell, another physician, to join his practice. Bassett deeded to Tidwell a one-half undivided interest in three lots forming the site of the office building used for their medical practice. Bassett and Tidwell also purchased two nearby lots from a third party for use as parking for the medical practice. A loan for purchase and improvement of the property was secured by the building property and the two additional lots.
By 1995, the business relationship had deteriorated to the point that the parties resorted to litigation to dissolve the medical practice and divide its assets. That litigation continued until March 5, 1997. During depositions scheduled for that day, the parties agreed to settle their differences and entered into a “proposed settlement agreement”2 that was drafted by Tidwell’s attorney on his laptop computer. After considerable negotiation in which the terms of the settlement were altered several times, the parties agreed to a total dissolution of their business relationship. The proposed agreement provided: “Bassett to own building, and will assume all debts associated with building, and will get Tidwell released from all debts by all creditors who claim security interests in the building.” The agreement also provided that Bassett would lease the property back to Tidwell, “to include all Tidwell’s space and the right to park in any of the three parking lots.”3
