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SMITH v. GREAT AMERICAN ASSUR. CO.

No. SD 32604.

436 S.W.3d 700 (2014)

Carl E. SMITH and Margarita Smith, Appellants, v. GREAT AMERICAN ASSURANCE COMPANY, Gregory Herkert, and The Stolar Partnership, LLP, Respondents.

Missouri Court of Appeals, Southern District, Division One.

Application for Transfer to Supreme Court Denied June 23, 2014.

Application for Transfer Denied August 19, 2014.

Attorney(s) appearing for the Case

Paul Hasty, Jr. , Overland Park, KS, for Appellants.

James S. Kreamer & Angela M. Higgins , Kansas City, MO, for Respondent, Great American Assurance Co.

Rodney E. Loomer & Ben K. Upp , Springfield, MO, for Respondents Herkert & Stolar Partnership.

DANIEL E. SCOTT, J.

Carl and Margarita Smith owned motel property subject to a mortgage that Respondents purported to foreclose over the Smiths' objection. The Smiths sued. The parties' lawyers quickly explored settlement, reached agreement, and circulated settlement documents which the Smiths refused to sign.

Respondents moved to enforce the settlement. After an evidentiary hearing, the court granted the motion and entered judgment accordingly.

The...

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