Opinion:Pendegraft v. Brooks, 2021 OK CIV APP 24
Subject matter:Motion to Enforce Settlement Agreement
Date Decided:June 3, 2021; Mandate Issued June 30, 2021
Trial Court:District Court of Canadian County; Judge Hesse
Route to this Court:Appeal from Order Dismissing Case With Prejudice; Assigned to COCA Division I
Facts:The parties agreed to a settlement of Plaintiff’s tort claim at a court-ordered mediation. The terms of the settlement were documented in a Notice of Settlement at Mediation, signed by the parties and the mediator. Plaintiff refused to honor the agreement, and Defendant filed a Motion to Enforce Settlement Agreement. The District Court granted the motion and entered judgment in favor of Defendant and found that the parties had entered into a valid and enforceable settlement agreement. One term of the settlement agreement provided that Plaintiff would dismiss his case against Defendant in exchange for payment of the agreed settlement amount. When Defendant notified the District Court that she had paid the agreed settlement amount into the court clerk’s office, the Court dismissed the case with prejudice. Plaintiff appealed the Order dismissing the case with prejudice (as opposed to the order granting Defendant’s motion to enforce settlement agreement). 
Standard of Review:De Novo
Analysis:The Order Enforcing Settlement Agreement was not appealed, and thus, beyond the review of the appellate court. The only order subject to review was the Court’s order dismissing the case with prejudice. COCA concluded that the order dismissing the case with prejudice “effectuated one of [Defendant’s] promises in the settlement agreement to dismiss his case” against Defendant after she paid the amount he agreed to accept to settle the case. Court also noted that any issue relating to the merits of the appeal (content of a letter to be sent to Plaintiff’s insurer and who was to negotiate with Plaintiff’s medical insurer) could possible be remedied in a subsequent breach of contract action if Plaintiff believed Defendant was in breach of the agreement. 
Vote:Fischer, J. (author); Hixon, P.J., Rapp, J., concur.