Opinion
No. 2-404 / 01-1871.
Filed August 14, 2002.
Appeal from the Iowa District Court for Guthrie County, PETER A. KELLER, Judge.
Appellants seek review of an order enforcing a settlement agreement. AFFIRMED.
Douglas A. Haag of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker Ordway, L.L.P., Des Moines, for appellants Donald E. Nelson, Richard E. Nelson, and Mary Margaret Nelson.
Robert E. Feilmeyer of Taylor, Feilmeyer Wendl, Guthrie Center, for appellees Scott Lewis, Shannon Lewis, and Tricia Lewis.
David Leitner, Johnston, for appellees Patty Lewis and Louie Nelson.
Considered by MAHAN, P.J., and ZIMMER and EISENHAUER, JJ.
On May 14, 2001 the parties to this and other long-standing and acrimonious disputes among the members of the Nelson and Lewis families reached a settlement of all outstanding litigation. The terms of the settlement were dictated into the record before the Honorable Peter A. Keller in open court. Efforts to reduce the settlement terms to writing failed. In August 2001, Patty Lewis and Louie Nelson filed a motion seeking an order in conformance with the settlement terms. No resistance was filed. Hearing was held on the motion on September 24, 2001, and each attorney was given ample opportunity to argue his position. For the first time, Donald, Richard, and Mary Nelson argued no settlement was reached on May 14. At the conclusion, Judge Keller determined a settlement had been reached, and the writing attached to the motion conformed to the settlement terms. He stated,
At the time of the hearing where the record was made, the Court had an understanding that the cases were settled. That is my recollection.
Since that time I've reviewed the transcript and the proposed agreement that's attached to the motion of Mr. Leitner and I do now find that there is an agreement. The motion is granted, it will be a self-executing order.
We review for errors at law. Wende v. Orv Rocker Ford Lincoln Mercury, 530 N.W.2d 92, 95 (Iowa Ct.App. 1995). The trial court's fact findings have the force of a jury verdict. Id.
Review of the entire record clearly indicates a settlement was reached on May 14, 2001. It should be enforced.
AFFIRMED.