Rossi v. Transamerica Car Leasing Co.

Plaintiffs appealed as of right from an order of the circuit court enforcing a purported oral settlement agreement. On November 7, 1984, we affirmed in a published per curiam opinion. 138 Mich App 807; 360 NW2d 307 (1984) (Kelly, J., dissenting). Plaintiffs then filed an application for rehearing which we granted by order of January 30, 1985.

Upon reconsideration of the record and briefs, we reverse the trial court’s order for the reasons stated earlier by Judge Kelly in his dissenting opinion. Plaintiffs in this case have consistently denied the existence of a binding settlement agreement on…