Walker v. Lewis
This text of 600 S.E.2d 773 (Walker v. Lewis) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Aaron Walker appeals from the trial court’s order granting Chuck Lewis’s motion to enforce a settlement agreement. Because the alleged agreement was never reduced to writing and because Walker disputes that there was a settlement agreement, the trial court erred in granting the motion.
“Oral settlement agreements are enforceable if their existence is established without dispute, but where the very existence of the agreement is disputed, it may only be established by a writing.” (Citations and punctuation omitted.) Reichard v. Reichard, 262 Ga. 561, 564 (423 SE2d 241) (1992). See also Grossman v. Smith, Barney Real Estate Fund, 211 Ga. App. 243 (438 SE2d 700) (1993); LeCroy v. Massey, 185 Ga. App. 828 (366 SE2d 215) (1988).
In this case there is no written evidence of a settlement agreement. The only evidence of a settlement was argument by Lewis’s counsel at the motion hearing. Contrary to the statement in the trial court’s order that “Plaintiff did not deny the settlement agreement existed,” Walker’s counsel clearly and consistently contended at the hearing that no settlement was ever reached.
Accordingly, the trial court erred in finding there was a settlement agreement and erred in granting Lewis’s motion to enforce it.
Judgment reversed.
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Cite This Page — Counsel Stack
600 S.E.2d 773, 267 Ga. App. 831, 2004 Fulton County D. Rep. 2052, 2004 Ga. App. LEXIS 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-lewis-gactapp-2004.