Canyon Contracting Co. v. Tohono O'Odham Housing Authority

OPINION

CONTRERAS, Presiding Judge.

In this appeal, we consider whether the trial court erred in enforcing an alleged settlement agreement between the parties and in dismissing the action on that basis. We hold that Rule 80(d), Arizona Rules of Civil Procedure, applies to the alleged settlement agreement and that questions of fact precluded its enforcement.

The trial court held no evidentiary hearing in this case, but instead based its ruling entirely upon the arguments of counsel and documentary evidence in the record. In effect, the trial court granted summary judgment regarding the existence…