Litigants in a property dispute could not be held in contempt for refusing to execute documents pursuant to the terms of a settlement agreement since the trial court had not ordered the litigants to complete the paperwork, an en banc Superior Court panel has ruled.
Writing in McNelis v. Lear, PICS Case No. 05-2061 (Pa. Super. Dec. 14, 2005) Del Sole, P.J. (5 pages), the unanimous court said that while the defendants properly petitioned the Philadelphia trial court to enforce the settlement agreement, the trial court acted prematurely by finding the plaintiffs in contempt.
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