Moore v. Farmers Bank of Union Point, 74338
| Decision Date | 10 March 1987 |
| Docket Number | No. 74338,74338 |
| Citation | 354 S.E.2d 692,182 Ga.App. 94 |
| Parties | MOORE v. FARMERS BANK OF UNION POINT. |
| Court | Georgia Court of Appeals |
Carol F. Baschon, Athens, Phyllis J. Holmen, Atlanta, for appellant.
J. Edward Allen, Jr., Sandra M. Baumwald, Athens, for appellee.
Enforcement by Judgment of Settlement Agreement--Findings of Fact and Conclusions of Law. Succinctly stated, the facts show that Ms. Moore together with her husband (since divorced) entered into an oral agreement to finance the purchase of a mobile home with the Farmers Bank whereby the bank would advance the financing and the Moores would execute a mortgage agreement signed by both the Moores. The mobile home was purchased in the name of Mrs. Moore and the certificate of title issued solely in her name. Mrs. Moore thereafter declined to execute the security deed and mortgage. The bank brought suit against Mrs. Moore seeking specific performance of the oral agreement to execute the appropriate security documents. An agreement for settlement of the claim was entered into between counsel for the bank, Mrs. Moore and Mr. Moore respectively. However, a dispute remained between the bank and Mrs. Moore as to the cost of the premium for mortgage insurance. The bank contends that the mortgage insurance is not a part of the mortgage and thus not a part of the settlement agreement while Mrs. Moore contends that those premium costs are an essential part of the settlement agreement. The bank then brought the present motion seeking alternatively specific enforcement of the mortgage agreement or the entry of judgment based upon the oral settlement agreement. After a hearing on the merits, the trial court entered judgment on the oral settlement agreement. Mrs. Moore brings this appeal enumerating two purported errors: (1) that the trial court failed to reach appropriate findings of fact and conclusions of law, and (2) that there is no evidence to support the judgment confirming the settlement agreement. Held:
1. The order and judgment of the trial court in substance states that after reading and considering the motion to enforce the settlement agreement, an affidavit by the bank's attorney, all the exhibits submitted and proceedings held on the matter prior to the date of judgment, the court being fully advised thereon, and good cause being shown, judgment was entered for the bank and against Mrs. Moore in accordance with the terms of the compromise and settlement agreement.
An order granting a motion to enforce a disputed settlement...
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Cockerham v. Cockerham
...and punctuation omitted.) In re D.L.G. , 212 Ga. App. 353, 442 S.E.2d 11 (1994). See Moore v. Farmers Bank of Union Point , 182 Ga. App. 94, 95 (1), 354 S.E.2d 692 (1987), overruled on other grounds, Underwood v. Underwood , 282 Ga. 643, 651 S.E.2d 736 (2007) (noting that "the findings of f......
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Underwood v. Underwood, S07F1009.
...In urging that Husband's motion for new trial was untimely, Wife relies on the following language from Moore v. Farmers Bank of Union Point, 182 Ga.App. 94, 95(1), 354 S.E.2d 692 (1987): "An order granting a motion to enforce a disputed settlement agreement is tantamount to a final judgment......
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Zeitman v. McBrayer
...supplied.) Noticeably absent from this order is any language purporting to terminate the proceedings. In Moore v. Farmers Bank, etc., 182 Ga.App. 94, 95(1), 354 S.E.2d 692, after a hearing on the merits, the trial court in its order granting a motion to enforce a settlement agreement entere......
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D.L.G., In Interest of, A94A0079
...a recitation of how those facts give support to or what constitutes the separate conclusions. [Cits.]" Moore v. Farmers Bank of Union Point, 182 Ga.App. 94, 95, 354 S.E.2d 692 (1987). Therefore, as the trial court failed to set forth its findings of fact upon which it based its finding of d......