Vandiver v. McFarland

Birdsong, Presiding Judge.

The defendant McFarland in this personal injury case filed a “Motion to Enforce Settlement Agreement and for Order of Judgment Thereon.” Plaintiffs’ attorneys filed a cross-motion in support of McFarland’s motion, with affidavits averring that a binding settlement agreement was entered into. Plaintiffs hired a new attorney. The trial court granted McFarland’s motion. On appeal, the plaintiffs contend the trial court erred in denying their objections and motions to strike the attorneys’ affidavits for insufficiency, and erred in enforcing the settlement.

The…