Durham v. McLaughlin

JOHNSON, Presiding Judge.

This appeal is from a final judgment in which the trial court ruled that the parties had reached a settlement agreement in the case. Given the unnecessarily protracted and contentious history of this case, we understand the trial court’s desire to resolve the matter once and for all. The record, however, does not support the trial court’s conclusion that the parties reached an enforceable settlement of the lawsuit.

Under Georgia law, an agreement alleged to be in settlement and compromise of a pending lawsuit must meet the same requisites of formation and…