Kemper v. Brown

Miller, Judge.

Amy Marie Kemper appeals from the trial court’s order granting Christopher Brown’s motion to enforce a settlement agreement in a personal injury action arising from a motor vehicle accident. Kemper contends that Brown did not unconditionally and unambiguously accept her settlement offer, and that his purported acceptance amounted to a counteroffer. For the reasons that follow, we reverse.

We apply a de novo standard of review to a trial court’s order on a motion to enforce a settlement agreement. Because the issues raised are analogous to those in a motion for summary judgment,…