REID AND RIEGE, PC v. Bulakites
132 Conn. App. 209
Conn. App. Ct.2011Background
- Plaintiff Reid & Riege, P.C. sued for legal fees owed by Bulakites after representing him in a federal action.
- In open court on July 8, 2009, the parties recorded a settlement agreement during mediation overseen by Judge Elgo.
- Plaintiff's counsel reduced the agreement to writing; Bulakites did not sign and paid nothing.
- Plaintiff moved to enforce the settlement on September 21, 2009; Bulakites objected, arguing the terms could not be completed within one year and required writing signed by the parties.
- The trial court (Judge Wagner) granted enforcement on July 6, 2010; Bulakites appealed.
- Key issue: whether an oral agreement placed on the record in open court is exempt from the statute of frauds (General Statutes § 52-550(a)).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether oral record settlement falls under the statute of frauds | Oral stipulation on record binding; not voided by § 52-550(a)(5). | Must be in writing signed to be enforceable under § 52-550(a)(5). | Oral settlement on the record is enforceable despite § 52-550(a)(5). |
Key Cases Cited
- Sparaco v. Tenney, 175 Conn. 436 (1978) (stipulated judgment not within statute of frauds)
- Arseniadis v. Arseniadis, 2 Conn.App. 239 (1984) (oral settlement placed on record binding even if not in writing)
- Audubon Parking Associates Ltd. Partnership v. Barclay & Stubbs, Inc., 225 Conn. 804 (1993) (court may enforce settlement in underlying suit when terms are clear; summary enforcement)
- Ackerman v. Sobol Family Partnership, LLP, 298 Conn. 495 (2010) (oral agreement memorialized in court remains enforceable)
- DAP Financial Management Co. v. Mor-Fam Electric, Inc., 59 Conn.App. 92 (2000) (counsel's agreement can found a binding settlement)