9/19/2023 0 Comments Motion to compel settlement![]() 2017-CP-01452-SCT MICHAEL TODD CROWLEY AND EDWARD BLACKMON, JR. Finding that the circuit court abused its discretion, the Supreme Court reversed the Order Enforcing Settlement Agreement and Judgment of Dismissal and remanded the case for further proceedings. ![]() The issue for the Supreme Court was whether the circuit court abused its discretion by enforcing a settlement agreement using specific release language that required the Plaintiffs’ attorneys’ signatures. The appeal sought essentially the same relief as Crowley and Blackmon’s petition, so the Supreme Court consolidated the cases. They later filed a notice of appeal in the underlying case on behalf of Shepard and Stowers. Unsatisfied with the order enforcing the settlement agreement, which required their signature on the releases, Crowley and Blackmon filed an emergency petition for writ of prohibition with the Supreme Court, which was ordered to be treated as a Notice of Appeal. The circuit court entered an Order Enforcing Settlement Agreement and Judgment of Dismissal. Before Shepard and Stowers filed their motion, the circuit court held a hearing on Germany’s motion to enforce the settlement agreement. Shepard and Stowers later filed their own motion to enforce the settlement agreement using their proposed releases. Although the essential terms were agreed upon, Crowley’s email to Krutz did not specify the precise language of the “Full and Complete Releases.” Believing that the parties had a meeting of the minds on the essential terms of the settlement in an email exchange, Germany moved to enforce the settlement agreement using the release language proposed by his attorneys. In the settlement, Shepard and Stowers agreed “to execute a Full and Complete Release.” The parties agreed to and memorialized the essential terms of their settlement in an email exchange. After several years of litigation and mediation, the parties reached a settlement. Shepard and Stowers were represented by Michael Crowley and Edward Blackmon Germany and his firm were represented by Fred Krutz and Daniel Mulholland. This case began as a legal malpractice action by Delie Shepard and Ashley Stowers (the Plaintiffs) against Robert Germany and his law firm, Pittman, Germany, Roberts & Welsh, LLP. The issue this case presented for the Mississippi Supreme Court centered on release language in a settlement agreement.
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