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B-Mall Co. v. Williamson8/25/1998
This case involves the issue of whether a party, in settling a litigation claim, may gratuitously add the name of the claimant's former attorney to the settlement check in order to protect itself from an attorney's lien claim.
Michael and Chandra Williamson appeal a judgment ordering the parties to perform the terms of a settlement agreement. The Williamsons claim that the trial court erred in ordering them to execute a release and perform under a settlement agreement because the opposing party added the name of a former attorney to the settlement check without their consent. Because we find there was evidence of an agreement, and because we hold that the addition of the lien claimant's name to the check was not a breach of the agreement, we affirm the judgment.
Factual Background
The respondents, B-Mall Co. and JV Missouri One, are the owners of Bannister Mall Shopping Center, a shopping center located in Kansas City, Missouri. The respondents are hereafter referred to collectively as "the shopping center." The appellants, Michael and Chandra Williamson, were tenants at Bannister Mall as the operators of a delicatessen and a rare coin and collectors shop. The shopping center sued the Williamsons alleging that the Williamsons had breached and anticipatorily breached their leases on the deli and the rare coin shop. The Williamsons hired Arthur Stoup as their attorney, and filed a counterclaim, alleging that the shopping center's employees, acting as security guards, had systematically pilfered and robbed them. They sued on theories of negligent supervision, constructive eviction, and breach of lease. Later, the Williamsons terminated their relationship with Mr. Stoup. In March, 1996, the Williamsons retained John Benge to represent them in the case.
Settlement negotiations between the parties commenced. During negotiations, Robert Mintz, counsel for the shopping center, inquired as to whether the Williamsons had any outstanding obligations to Mr. Stoup. He was advised that Mr. Stoup claimed that the Williamsons owed him $22,000.00 in attorneys' fees and expenses. He was further advised that the Williamsons were unhappy with Mr. Stoup and did not intend to pay the money he claimed was due.
In September, 1996, the shopping center and the Williamsons attempted mediation. Mr. Benge testified that the parties discussed Mr. Stoup's claim for attorney fees and that the mediator told them: "I don't think [the Williamsons] are going to have any problem getting away from paying [Mr. Stoup] any money on the attorney's fees." Mr. Benge testified that the mediator also offered advice on how to avoid the payment of the attorney's fees.
The week following the mediation, further settlement discussions took place. Mr. Benge contends that he informed the attorney for the shopping center that the case had to be settled exclusive of any sums that would have to be paid to Mr. Stoup. The shopping center disputed this account of the discussion, contending that the only discussion related to the lien was a question about whether Mr. Stoup had sent a lien letter to Mr. Benge.
On October 3, 1996, the shopping center made a final settlement offer of $70,000.00. The Williamsons claimed that Mr. Mintz, counsel for the shopping center, once again inquired as to any lien asserted by Mr. Stoup. Later that day, Mr. Benge left a voice mail message accepting the settlement offer. He said:
Rob, this is John Benge, 561-4700. I am calling to tell you that the Williamsons have agreed to accept the offer of $70,000.00 with complete releases going every which way and just the simple confidentiality and non-disparagement clause that we discuss
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