McKenna v. Association of Apartment Owners of Elima Lani
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In this case arising from settlement negotiations between Plaintiff and Defendants relating to a dispute about water and mold damage to Plaintiff's condominium the Supreme Court remanded this case with instruction that the circuit court hold an evidentiary hearing to address issues of fact as to the terms and existence of a purported settlement agreement between the parties.
At the close of a settlement conference, the circuit court and the parties acknowledged that the parties had reached a settlement. Plaintiff, however, refused to sign the settlement documents and proceeded to represent herself pro se. Defendants filed a motion to enforce the settlement agreement. The circuit court granted the motion, concluding that the parties had entered into a binding settlement agreement but that the proposed written settlement agreement contained terms beyond those agreed to at the settlement conference. Therefore, the court struck those terms and created a revised settlement agreement. The Supreme Court remanded the case, holding that because genuine issues of material fact existed as to whether the parties reached a valid settlement agreement and as to which terms the parties agreed to at the settlement conference, the circuit court should have granted Plaintiff's motion for an evidentiary hearing to resolve those issues.
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