O'Neill v. Herrington

Green, J.:

This appeal arises out of the trial court’s judgment enforcing a settlement of a lawsuit between Kevin O’Neill and Lisa C. O’Neill (the O’Neills) and Greg T. Spies and McDowell, Rice, Smith & Buchanan, P.C., (collectively MRSB). The O’Neills sent an unsolicited email to MRSB offering to dismiss MRSB from the lawsuit in exchange for a mutual release. While they expressly preserved their claims against a separate defendant, Zoe Herrington, they did not preserve nor express any intent to preserve any claims against MRSB. MRSB accepted the offer by return email.

After receiving MRSB’s…