Billingsley v. Benton NWA Props. LLC

Summary

The court held that the parties did not form an enforceable settlement agreement because they never mutually assented to the scope of the required release. Because the parties expressly disagreed about whether future flooding claims would be released, the circuit court clearly erred by enforcing the release proposed by Benton NWA. The enforcement orders were reversed and the case was remanded for further proceedings.