Avery Development Corp. v. Bast

We treat this as an appeal from a non-final order entered after a final order dismissing this cause, reserving jurisdiction to enforce the terms of the settlement agreement. Appellees filed a motion to enforce settlement which the trial court granted. We reverse.

The issue presented is whether the trial court erred in determining that a mortgage commitment procured by appellees (Southern) was “identical in substance” to a prior commitment (Glendale), as required by the settlement agreement, in order to complete the terms thereof so that appellee could purchase a townhouse developed by…