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Cone v. Dickenson

Viewing the evidence in the light most favorable to the non-moving party, a jury issue remained as to the terms of the parties' settlement agreement, and the trial court erred in granting one party's motion to enforce the agreement.

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Tameka Cone sued Xavier Dickenson for damages arising out of an automobile collision. The parties subsequently filed cross-motions to enforce a settlement agreement. The trial court granted Dickenson’s motion and denied Cone’s cross-motion. Cone now appeals. Because we find that a jury issue remains as to the terms of the settlement, we affirm the denial of Cone’s motion to enforce and reverse the grant of Dickenson’s motion.

We apply a de novo standard of review to a trial court’s order on a motion to enforce a settlement agreement.1 To prevail on such a motion, a party must show the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of the appellant’s case.2 The issues raised are analogous to those in a motion for summary judgment.3 The opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion.4

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