Shelli R. Freer, Individually and as Administrator of the Estate of Michael Sansom, Individually v. DAC, Inc. d/b/a Prairie House

MANSFIELD, Justice (dissenting).

I respectfully dissent. The court's decision violates the law of the case, disregards the recent nunc pro tunc order, and leaves the plaintiffs with an undeserved take-nothing judgment. I would reach the merits and affirm the district court's enforcement of the high-low settlement agreement.

I. A Quick Recap of the Facts.

The basic facts are these. The case was submitted to the jury on July 18, 2017. While the jury was out, on the morning of July 19, the parties entered into a high-low agreement with $ 100,000 as the low and $ 1 million as the high.

*689Later on the…