Hicks v. Walker, A04A0740.

Citation265 Ga. App. 495,594 S.E.2d 710
Decision Date10 February 2004
Docket NumberNo. A04A0740.,A04A0740.
PartiesHICKS v. WALKER et al.
CourtGeorgia Court of Appeals

OPINION TEXT STARTS HERE

Eason, Kennedy & Associates, Richard B. Eason, Jr., Atlanta, for Appellant.

Kirby G. Bailey, Decatur, for Appellees.

ELDRIDGE, Judge.

This is an appeal from the grant of summary judgment in the revival action brought on January 21, 1999, to revive the consent judgment entered on March 28, 1989, with sums due. The defendant Richard D. Hicks contends that he had satisfied the $24,600 consent judgment by paying $15,800, and there should be a credit for the $10,000 liability limits paid by Southeastern Fidelity Insurance Company into court under a consent order in an interpleader action on July 23, 1983. The trial court determined that $8,600 in principal remained due, that $5,372 in interest was due, and that no credit was due from the prior insurance proceeds payment. Finding no error, we affirm.

On May 9, 1982, Hicks was involved in a collision on I-285, which killed Clifford Walker. On August 22, 1983, in the interpleader action, a consent judgment determined that Russell Walker, Kenneth Walker, Carolyn Walker Stewart, and Clifton Walker, a minor, were the children of Clifford Walker, who had been killed in the wreck and that they would receive the $10,000 proceeds of the Southeastern Fidelity Insurance Company liability policy on Hicks but that there was expressly no release of Hicks from any liability for the wrongful death action in Fulton Superior Court in C-97632. Subsequently, on March 28, 1989, in C-97632, Hicks entered into a consent judgment with the four children to settle the wrongful death action. The "Settlement by Consent Judgment" read:

The parties settle all issues and claims in the above case on the following terms: Defendant shall pay the total sum of $24,600 to Tyson Baisden, Jr., attorney for the above 4 children of Clifford Walker, Deceased. Payments shall be made as follows: Initial payment of $200 today and 122 subsequent payments of $200 each on the 1st day of each month beginning with May 1, 1989. Defendant expressly agrees that this debt outlined above is not dischargeable in any Bankruptcy proceeding either past or future. Court costs to be paid by Defendant. This 28th day of March, 1989. [signed] Russell B. Walker, Richard H. Hicks, R[illegible] B. Lamb, Atty for Def., T.E. Baisden, Jr. Attorney for above 4 parties plaintiffs. The above styled agreement and settlement is hereby made the judgment of this court. [signed] Osgood O. Williams, Atlanta Circuit.

A consent order may be treated as a binding agreement, enforceable as a contract. City of Centerville v. City of Warner Robins, 270 Ga. 183, 184(1), 508 S.E.2d 161 (1998); Walker v. Virtual Packaging, 229 Ga.App. 124, 127-128(3), 493 S.E.2d 551 (1997); Collins v. Collins, 148 Ga.App. 103, 104-105(2)(B), 250 S.E.2d 870 (1978). The usual rules of contract construction are applied to determine the meaning of a settlement agreement...

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5 cases
  • Langley v. State
    • United States
    • Supreme Court of Georgia
    • February 1, 2022
  • State v. Jones, A03A2320.
    • United States
    • United States Court of Appeals (Georgia)
    • February 10, 2004
  • Strategic Law LLC v. Pain Mgmt. & Wellness Ctrs. of Ga., LLC
    • United States
    • United States Court of Appeals (Georgia)
    • October 27, 2017
    ...entered into in conjunction with a consent judgment, as a binding agreement, enforceable as a contract. See Hicks v. Walker , 265 Ga. App. 495, 496, 594 S.E.2d 710 (2004).Because a settlement agreement is a contract, it is subject to the usual rules of [contract] construction. While the car......
  • Langley v. State
    • United States
    • Supreme Court of Georgia
    • February 1, 2022
  • Request a trial to view additional results
1 books & journal articles
  • Real Property - Linda S. Finley
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 56-1, September 2004
    • Invalid date
    ...S.E.2d 709 (2003). 47. Id. at 137, 589 S.E.2d at 710. 48. Id. 49. O.C.G.A. Sec. 44-9-1 (1999 & Supp. 2004). 50. Boyer, 264 Ga. at 137, 594 S.E.2d at 710. 51. Daniel F. Hinkel, Pindar's Georgia Real Estate Law and Procedure Sec. 8-16 (5th ed. 1998). 52. Boyer, 264 Ga. App. at 137, 589 S.E.2d......

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