X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Barnes, Presiding Judge. The appellant has filed in this appeal a motion seeking remand of the case, representing that the parties have reached an agreement whereby their disputes will be resolved.[1] According to the motion, the appellees agree to such disposition. 1. Given the pending consent motion, the judgment of the trial court is reversed, and the case is remanded to the trial court for the parties to effectuate their agreement. See Petty v. Petty, 227 Ga. 521, 521522 (1) (181 SE2d 859) (1971) (reversing the trial court’s judgment and remanding for the parties’ “agreement [to] be filed in order to permit the agreed disposition of the case”); Clouthier v. Med. Center of Central Ga., 359 Ga. App. 669, 670 (859 SE2d 827) (2021) (reversing the trial court judgment and remanding the case “for the parties to effectuate their agreement”); Dougherty County School System v. Grossman, 113 Ga. App. 825, 825 (149 SE2d 920) (1966) (reversing judgments “for the purpose of effecting a settlement of the cases and ending the litigation,” where both appellant and appellee requested such appellate outcome); Lee v. Barron, 108 Ga. App. 473, 473 (133 SE2d 256) (1963) (reversing, “for the purpose of facilitating the settlement of the cases,” the trial court’s judgment in accordance with the parties’ request and without the appellate court’s consideration of the merits of the appeal; explaining that it “appear[ed] to be advisable for jurisdiction to be revested in the trial court in order that judgments or other procedures may be entered to consummate the settlement reached between the parties”); Barnett v. Moss, 98 Ga. App. 581, 581 (106 SE2d 60) (1958) (reversing for the parties “to carry out [their] compromise agreement”); see also Charter HR v. Perry, 320 Ga. App. 315, 315 (739 SE2d 770) (2013) (reversing superior court’s judgment and remanding the case, where the parties filed a consent motion to allow them to seek the State Board of Workers’ Compensation’s approval of a settlement agreement). 2. We note that the consent motion additionally requests this Court to direct the trial court to enter on remand a specified “Consent Judgment.” The proffered “Consent Judgment” contains various findings of fact and particular conclusions of law.[2] As explained above, under the instant procedural posture, an appellate court may reverse the trial court’s judgment “for the purpose of facilitating the settlement of the case[],”[3] but such relief is “without consideration by [the appellate] court of the merits of the appeal[ ].” Lee, 108 Ga. App. at 473. See Barnett, 98 Ga. App. at 581 (“In view of the consent settlement filed with this court by consent of counsel for all parties, this court has authority, without looking into the record, to reverse the judgment to carry out said compromise agreement[.]“) (emphasis supplied); see also Charter HR, 320 Ga. App. at 315 (“[T]his Court, without looking into the record, will reverse the judgment of the court below so as to carry out the [parties'] compromise.”) (emphasis supplied). Accordingly, we decline the request for this Court to direct the trial court to enter on remand the specified “Consent Judgment.” Notwithstanding, here, as has been done in similarly situated cases, “jurisdiction [is] revested in the trial court in order that judgments or other procedures may be entered to consummate the settlement[s] reached between the parties.” Lee, 108 Ga. App. at 473. Beyond that, however, we express no view on the merits of any issue raised in the underlying cases, and we intimate no opinion as to any future factual findings or legal conclusions that may be included in any orders entered by the trial court on remand. See Lee, 108 Ga. App. at 473; Barnett, 98 Ga. App. at 581.[4] Judgment reversed and case remanded. Gobeil and Pipkin, JJ., concur.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

White Plains cyber security group seeks litigation law firm.Breach of contract $11,000,000 plusNow in Supreme court WestchesterWill conside...


Apply Now ›

Educational law firm seeks highly motivated Litigation Associate admitted in New Jersey with 3-6 years of first chair trial litigation exper...


Apply Now ›

McCarter & English, LLP is actively seeking a junior to midlevel litigation associate for its office located in Wilmington, DE. Two to f...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›