ACC Capital Corporation v. Ace West Foam
Court of Appeals of Utah
1Opinion of the Court
HAGEN, Judge:
¶1 ACC Capital Corporation (ACC) appeals the district court's denial of its motion for summary judgment and enforcement of a subsequent settlement agreement. The district court did not abuse its discretion in enforcing the settlement where the parties executed a Memorandum of Understanding (the MOU) during mediation, the terms of which were sufficiently definite to be enforced. Further, the district court's factual finding that there was no misrepresentation or mutual mistake of fact that would render the agreement null and void was not clearly erroneous. Accordingly, we affirm…
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