Arizona Supreme Court

Don C. Robertson v. Robert E. Alling

June 24, 2015

Summary

The court held that the settlement agreement was enforceable under Rule 80(d) because the parties disputed only whether the clients were bound, not the agreement's existence or terms, and counsel's written emails independently satisfied the rule. It also held that the attorney had apparent authority to bind the clients because their conduct reasonably led the opposing party to believe he could keep the offer open and finalize the settlement. The court vacated the court of appeals' decision, affirmed the trial court, and awarded appellate attorney fees.