Litigation

Turns Out There Was no Settlement to Enforce, Even Though the Offer was Accepted

By H. William Allen et al.

The Arkansas Court of Appeals reversed enforcement of a settlement agreement in Roberts v. Green Bay Packaging, No. 07-60 (1/23/08).

This case was a dispute over use of an easement that involved the Robertses, Mr. Rhodes and Green Bay Packaging. A week before trial, the Robertses sent a letter to the other parties proposing settlement. Rhodes and Green Bay claim they accepted it. However, Green Bay presented an "agreed decree" that differed from the terms of the letter. The trial court entered the "agreed decree" on grounds that the parties had reached settlement.

The court of appeals reversed, holding there was no evidence the parties had come to mutual agreement of final terms of settlement. Even if Rhodes and Green Bay had accepted the letter offer, the order entered did not match terms. The case will now proceed to trial.

Full post as published by Arkansas Business Litigation Blog on January 25, 2008 (boomark / email).