Wilson v. Pride

Citations

• 2019 Ohio 3513

Syllabus

Motion to enforce settlement agreement motion to vacate settlement agreement attorney statements binding contract/particularity/insufficient evidence. Appellant's argument that the trial court only considered appellee's motion to enforce fails. The trial court in a hearing called for arguments from both appellant and appellee. Appellant's motion to vacate was given consideration. Although appellant's counsel filed a motion to vacate the settlement agreement, counsel declined to testify at the hearing. Statements made in a motion are not evidence. There was no error where the trial court did not consider appellant's counsel's statements. Appellant's counsel had full authority to settle the matter, however, additional clarification was needed regarding disbursement of medical payments. The terms of the settlement agreement were not stated with sufficient particularity and, therefore, there was no meeting of the minds to form a valid contract.