SETTLEMENTS: Mediation agreement terms enforced: Spot-A-Pot, Inc. v. State Resources Corporation (COA 2/13/2009)

Spot-A-Pot, Inc. v. State Resources Corporation
2007-CA-002018
02/13/2009
2009 WL 350646
Opinion by Judge Thompson; Judges Lambert and Stumbo concurred.

The Court affirmed an order of the circuit court enforcing a settlement agreement resulting from a mediation related to financing for appellants’ business operations.

The Court held that the trial court did not err in granting appellee’s motion to enforce a settlement agreement that appellee proposed. The bullet-point document generated at a mediation conference did not encompass the entire agreement of the parties and therefore, the trial court properly considered extrinsic evidence to discern the intent of the parties. The Court declined to address appellants’ argument that the trial court failed to render sufficient findings of fact to support its order and judgment, as appellants failed to request specific findings pursuant to CR 52.04.

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.