Pena v. Fox

LUCAS, Judge.

Diana Pena appeals the circuit court’s order dismissing her complaint against Matthew Fox with prejudice. Because the circuit court erroneously construed a settlement agreement between the parties where none had- been made, we reverse the court’s order.

I

This case invokes a hornbook tenet of contract law: the symmetry needed between an offer and an acceptance to establish an enforceable agreement. Ms. Pena and Mr. Fox were involved in an automobile accident on July 4, 2013, in which Ms. Pena allegedly sustained injuries. Prior to filing a lawsuit, Ms. Pena’s counsel delivered a…