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Click here for the full text of this decision FACTS:Doyle Anderton and his business, A-1 Turf, had a 40-year lease on a sod farm from Tri-County Sod and Nursery Co., owned by William Schindler. Because Schindler’s wife did not like the lease terms, they all entered into a separate side agreement for Anderton to pay Schindler $1,000 per month more than what the lease called for. Problems ensued 10 months later, culminating in Schindler locking Anderton out of the farm. Anderton sued Schindler and Tri-County for several intentional tort, statutory and contract claims. Anderton requested specific performance in this suit, in which Schindler’s wife was not named as a party. Schindler filed a counterclaim for breach of contract and property damage. The parties went to court-ordered mediation. Part of the agreement required Schindler to persuade his wife to sign a mutual release of claims related to the side agreement. Schindler’s wife refused to sign the release Anderton sent along with a $10,000 check, so Schindler’s lawyer returned the check and requested that Anderton send a new check made payable only to Schindler. Anderton did not send a new check or a revised settlement agreement. The case went to trial as if there had been no mediated settlement. Schindler filed another counterclaim to seek enforcement of the settlement. Both parties submitted motions for partial summary judgment on the issue of whether the settlement agreement, which by then was 16 months old, was enforceable. Anderton claimed Schindler’s claims was barred by the doctrines of estoppel and laches. The trial court denied Anderton’s motion and granted Schindler’s, ruling that there were no genuine issues of material fact as to the enforceability of the settlement agreement. However, the trial court also found fact issues existed as to the compliance with or breach of that agreement. The issue of breach was submitted to the trial court for a bench trial on stipulated facts. The trial court ruled for Schindler and dismissed all of Anderton’s underlying claims related to the lease. HOLDING:Affirmed. Addressing the trial court’s denial of Anderton’s partial motion for summary judgment, the court notes that the denial of a motion for summary judgment when followed by a conventional trial on the merits does not finally decide any issue pending before the trial court; the denial of a motion for summary judgment presents nothing for review. As a result, the denial of Anderton’s motion for partial summary judgment is not appealable. Turning then to the grant of partial summary judgment for Schindler, the court notes that the decision of whether a mediated settlement agreement is enforceable is determined in the same way that any other written contract is. The court points out that Anderton never challenged the argument that the agreement was binding and enforceable; his defense was that enforcement was barred by estoppel and laches. Therefore, Anderton did not raise a genuine issue of material fact as to whether the agreement was binding and enforceable, as opposed to whether it should be enforced. OPINION:Elizabeth Lang-Miers, J.; Moseley, Bridges and Lang-Miers, JJ.

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