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Tameka Conev.Xavier Dickenson

CourtCourt of Appeals of Georgia
Docket No.A15A2272
DecidedFebruary 25, 2016
Reporter335 Ga. App. 835; 783 S.E.2d 358
JudgesFirst Division; Chief Judge Doyle, Presiding Judge Phipps, and Judge Boggs; Phipps authored
Tags
CivilContract LawContract FormationContract InterpretationCivil ProcedureReversalSummary Judgment
Case Summary

After an automobile collision, Tameka Cone and Xavier Dickenson disputed whether their $25,000 settlement required a general release or only a limited release that would preserve Cone’s claim against her uninsured-motorist carrier. The trial court enforced Dickenson’s version of the settlement and denied Cone’s cross-motion to enforce her version. The Court of Appeals held that conflicting evidence about the parties’ communications left a jury question over the release terms, so Dickenson’s version could not be enforced as a matter of law. It affirmed the denial of Cone’s motion and reversed the order enforcing Dickenson’s motion, leaving the settlement terms for further proceedings.

Opinion

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Tameka Cone v. Xavier Dickenson — The Atlanta Gleaner