Zukerman v. Montgomery
2011 Ind. App. LEXIS 721
| Ind. Ct. App. | 2011Background
- Multiple lawsuits and an arbitration claim involving Zukerman, Davis, MZD Real Estate, Robert Montgomery, Dolores Montgomery and related entities culminated in a November 4, 2008 mediation.
- The parties executed a written Full and Final Settlement of Arbitration and All Other Pending Matters (the Settlement Agreement) during mediation.
- On motions filed June 12, 2009 and August 10, 2009, the Montgomerys and others moved to enforce the Settlement Agreement; consolidation for hearings followed.
- MZD Real Estate later sought mediation in January 2010; mediation failed, prompting further briefing about the enforceability.
- The trial court granted enforcement of the Settlement Agreement, approving a proposed order, which the Zukerman Parties challenged as overly indefinite and unenforceable.
- The Indiana Court of Appeals reversed and remanded, holding the Settlement Agreement was not sufficiently definite to be enforceable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Settlement Agreement is sufficiently definite to enforce | Zukerman | Montgomerys | Not enforceable; terms not reasonably definite |
| Whether the court had jurisdiction over nonparties for enforcement | Zukerman | Montgomerys | Insufficient clarity; the court cannot enforce against nonparties |
Key Cases Cited
- Conwell v. Gray Loon Outdoor Mktg. Grp., Inc., 906 N.E.2d 805 (Ind. 2009) (contract must be reasonably definite and certain)
- Mead Johnson & Co. v. Oppenheimer, 458 N.E.2d 668 (Ind.Ct.App.1984) (court cannot supply omitted terms)
- Wenning v. Calhoun, 827 N.E.2d 627 (Ind.Ct.App.2005) (contract must provide basis for breach and remedy)
- Inman's Inc. v. City of Greenfield, 412 N.E.2d 126 (Ind.Ct.App.1980) (amounts must be fixed or determinable by formula)
- Four Seasons Mfg., Inc. v. 1001 Coliseum, LLC, 870 N.E.2d 494 (Ind.Ct.App.2007) (unambiguous terms; certainty required for contract enforceability)