Ala. Code 1975, § 34-3-21 (emphasis added). This section "`govern[s] settlement agreements reached while the case is still at the trial level,'" and Ala. R.App. P. 47 "`govern[s] settlement agreements reached while the matter is on appeal.'" Ex parte Sims, 627 So.2d 380, 382 (Ala. 1993) (quoting Spurlock v. Pioneer Fin. Servs., Inc., 808 F.Supp. 782, 783 (M.D.Ala.1992)). In the absence of compliance with this statute, the alleged agreement is unenforceable as a matter of law.
However, Comalander and the attorney representing Comalander on his claims against the Spottswoods have both stipulated that they were advised of the settlement agreement and that they consented to the settlement agreement. This Court has held that all settlement agreements entered into by attorneys at the trial level are governed by § 34-3-21, Ala. Code 1975. Holmes v. Sanders, 729 So.2d 314, 316 (Ala. 1999); Ex parte Sims, 627 So.2d 380 (Ala. 1993). Section 34-3-21 provides: "An attorney has authority to bind his client, in any action or proceeding, by any agreement in relation to such case, made in writing, or by an entry to be made on the minutes of the court."
The judgment of the Court of Civil Appeals is affirmed. See Ex parte Sims, 627 So.2d 380 (Ala. 1993) (Section 34-3-21 governs settlements before appeal, and Ala.R.App.P. 47 governs settlements during the appellate period). OPINION OF AUGUST 6, 1999, WITHDRAWN; OPINION SUBSTITUTED; APPLICATION OVERRULED; AFFIRMED.
Compromise and Settlement This Court has held that all settlement agreements entered into by attorneys and occurring at the trial level are governed by § 34-3-21, Ala. Code 1975. Ex parte Sims, 627 So.2d 380 (Ala. 1993). Section 34-3-21 states: "An attorney has authority to bring his client, in any action or proceeding, by any agreement in relation to such case, made in writing, or by an entry to be made on this minutes of the court."
See Rule 53(a)(1) and (a)(2)(F), Ala. R. App. P.; Spradlin v. Spradlin, 601 So.2d 76, 78-79 (Ala. 1992); Ex parte Sims, 627 So.2d 380, 382 (Ala. 1993); Reeves v. Reeves, [Ms. 2200216, Oct. 1, 2021] ___So. 3d ___, ___ (Ala. Civ. App. 2021); Self v. Self, 290 So.3d 431, 437 n. 6 (Ala. Civ. App. 2019); R.B.S. v. K.M.S., 58 So.3d 795, 800 (Ala. Civ. App. 2010); and Belcourt v. Belcourt, 911 So.2d 735, 737 (Ala. Civ. App. 2005).
This court has explained: " ‘ All settlement agreements entered into by attorneys and occurring at the trial-court level are governed by § 34-3-21, Ala.Code 1975. Ex parte Sims, 627 So.2d 380, 382 (Ala.1993). To be effective under § 34-3-21, an agreement must be made in writing or entered in the minutes of the court.
This court has explained: "All settlement agreements entered into by attorneys and occurring at the trial-court level are governed by § 34-3-21, Ala. Code 1975. Ex parte Sims, 627 So.2d 380, 382 (Ala. 1993). To be effective under § 34-3-21, an agreement must be made in writing or entered in the minutes of the court.
" Section 34-3-21 is employed to "review the validity of settlement agreements reached in the trial court." Ex parte Sims, 627 So.2d 380, 382 (Ala. 1993). The record indicates that the attorneys for BFI and Circle J did not execute a written settlement agreement.
"[Section] 34-3-21 specifically governs the enforcement and validity of settlement agreements reached between parties while a case is at trial level, while Rule 47, [Ala.] R.App. P., governs the enforcement and validity of settlement agreements reached while a case is on appeal." Contractor Success Group, Inc. v. Service Thrust Org., Inc., 681 So.2d 212, 215 (Ala.Civ.App. 1996) (citing Ex parte Sims, 627 So.2d 380 (Ala. 1993)). Our Supreme Court addressed the application of § 34-3-21 in a factually similar context in Phillips v. Knight, 559 So.2d 564.
Section 34-3-21, Ala. Code 1975, governs the validity and enforcement of settlement agreements reached between parties at the trial-court level. Ex parte Sims, 627 So.2d 380 (Ala. 1993). Section 34-3-21, Ala. Code 1975, provides: `An attorney has authority to bind his client, in any action or proceeding, by any agreement in relation to such case, made in writing, or by an entry to be made on the minutes of the court.' A settlement agreement entered into between the parties is binding and will be summarily enforced.