Appellant, Marcus Corwin, contends that the trial court erred in relieving ap-pellees, Cristal Mizner’s Preserve Limited Partnership, Hearthstone, Inc., Sterling Communities, Inc., and Paul Asfahl, from certain obligations under a mediated settlement agreement. We agree with appellant. Because the rights and responsibilities of both sides to the agreement were clearly and unambiguously expressed therein, we reverse and remand so that the agreement may be enforced “as written.”
The settlement agreement between the parties pertained to litigation stemming from Corwin’s purchase of a home and real property in September of 1999. Corwin’s claims were related to the construction, marketing, promotion, advertising and sale of the home. The agreement provided that Corwin sign a general release freeing ap-pellees and a long list of non-party subcontractors from “obligations of whatsoever kind and nature in law or in equity with regard to all matters” described in the agreement. Appellees agreed to pay Cor-win $47,500.00, to perform work on Cor-win’s house under the supervision of a third party, and to pay for any additional work required if the third party was not satisfied with their work. Pursuant to the agreement, the trial court entered an Agreed Order of Dismissal of Lawsuit with Prejudice on February 13, 2001.
Subsequently, appellees learned that, on the day after their agreement was signed, Corwin executed another separate release in favor of CGCG, a non-party subcontractor that had installed marble floors in the home, in consideration for his receipt of $2,500.00 from CGCG’s insurance carrier. Appellees thereafter filed a Motion to Interpret and Enforce Settlement Agreement; For Imposition of Sanctions and For an Award of Attorney’s Fees and Costs, contending that Corwin had committed a fraud upon them by signing a separate release with CGCG. The trial court found that Corwin had already agreed to give CGCG a release prior to signing the agreement with appellees. The trial court, thus, concluded:
Plaintiff [Corwin] did not have the legal capacity to give Defendants a general release in favor of CGCG (which Plaintiff agreed to provide at the mediation and in the Settlement Agreement) inasmuch as Plaintiff had previously agreed to provide such a general release directly to CGCG.
Based on that finding, the trial court ruled that Corwin’s “failure to disclose to Defendants at the mediation and in the Settlement Agreement that he had previously agreed to give a general release to CGCG releases Defendants ... from their agreement to perform the marble work in [Cor-win’s] home.”
Because the construction of a contract is a matter of law, this court may properly reassess the meaning of the set
Consequently, we reverse the trial court’s order which excused appellees from performing the marble work at Corwin’s home and find that appellees are required to do the marble work as provided in the settlement agreement. Since we are reversing this matter, we find it unnecessary to discuss the remaining issues raised by appellant.
REVERSED and REMANDED.
Notes
. Notably, all of the parties to the agreement agreed that the initial release would be kept a secret — even from the released non-party, CGCG.
