GOLLOBITH v. Ferrell

NORTHCUTT, Judge.

Stephanie Ferrell moved to enforce an alleged settlement agreement under which Ed Gollobith’s action against her was to be dismissed. The circuit court granted the motion and dismissed Gollobith’s suit. We reverse because the court ruled without first hearing evidence to resolve disputed issues regarding the existence and terms of the agreement.

The litigation arose from Gollobith’s contract with Ferrell, an architect, for the design of a house. Gollobith entered into a separate contract with a general contractor for the construction. He later sued Ferrell, the contractor, and…