Can a Court Order Enforcement of Such a Settlement the Existence of Which Is In Dispute ?
In Limmer v. Country Belle Cooperative Farmers, 220 Pa. Super. 171, 286 A.2d 669 (Pa. Super. 1971), the Superior Court was faced with a dispute as to the existence of a settlement.
Ultimately, the court determined that it could not decide the issues presented to it on appeal, because "[n]o evidentiary hearing was held in the matter by the court below wherein the facts relied upon by both sides were placed in evidence by testimony of the parties and their witnesses." Id. at 670.
The court reversed the trial court's order enforcing the settlement and remanded the case "for a prompt and full hearing into all the facts and circumstances surrounding the offer and acceptance of settlement, at which hearing counsel who represented plaintiff and defendants at the time of the alleged settlement agreement, together with all parties of interest and their witnesses, shall be present and be heard. . . ." Id. at 673.