Earlene Waddle v. Lorene B. Elrod

Date / Time: 
February 15, 2012 - 1:00pm

The trial court’s enforcement of a settlement agreement between the parties’ attorneys is appealed on the sole basis that the Statute of Frauds precludes enforcement since the parties never signed any agreement and the settlement pertained to real property. Because the Statute of Frauds concerns the sale of real property interests and not settlement agreements touching upon real property interests, it is not a bar to enforcement of a settlement agreement. The trial court is affirmed on that issue. The trial court’s assessment of court costs, however, is reversed as it differs from the parties’ agreement.

Supreme Court
Middle Section