Opinion
A91A1831.
DECIDED FEBRUARY 25, 1992. RECONSIDERATION DENIED APRIL 1, 1992.
Action on agreement. Glynn Superior Court. Before Judge Williams.
Rogers Hardin, John J. Almond, Jennifer D. Roorbach, for appellants.
Fendig, McLemore, Taylor Whitworth, Gilbert C. McLemore, Jr., Brennan Wasden, Joseph P. Brennan, Mary R. Piette, for appellees.
Plaintiffs Sumanbhai Naranbhai Patel and Sharadkumar Sumanbhai Patel appeal the grant of partial summary judgment to defendants Alpha Investment Properties, Inc. (formerly J. A. Patel Group, Inc.), Niranjan Naranbhai Patel, Jayantibhai Naranbhai Patel and Mayur Jayantibhai Patel, in this action for declaratory relief resulting from the alleged breach of a settlement agreement.
After consideration of the enumerations of error and the arguments advanced by the parties and upon examination of the record, no reversible error of law appears and a lengthy opinion would have no precedential value.
However, this case is remanded for the court to modify its order by striking the grant of judgment to defendants on the claims involving absent parties, the court having properly dismissed those claims pursuant to OCGA § 9-11-19 (b). See OCGA § 9-11-41 (b). Compare Pickett v. Paine, 230 Ga. 786, 796 (4) (a) ( 199 S.E.2d 223) (1973); Brunswick Floors v. Carter, 199 Ga. App. 110, 111 (1) ( 403 S.E.2d 855) (1991); Warrior Constructors v. E. C. Ernst Co., 127 Ga. App. 839, 840 ( 195 S.E.2d 261) (1973); Brooke v. Phillips Petroleum Co., 113 Ga. App. 742, 744 (2) ( 149 S.E.2d 511) (1966). The undisputed material evidence supports the judgment. The intent of the parties is determinable from the four corners of the settlement agreement and, as a matter of law, the intent is that which is set out in the detailed and well reasoned judgment of the trial court, which adequately explains the decision. OCGA §§ 13-2-3; 13-2-2; Paul v. Paul, 235 Ga. 382, 384 ( 219 S.E.2d 736) (1975); Carsello v. Touchton, 231 Ga. 878 ( 204 S.E.2d 589) (1974).
Judgment affirmed in part and case remanded with direction. Carley, P. J., and Judge Arnold Shulman concur.