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Factual Background:

Brother and Siblings were beneficiaries of a trust.  Brother filed a petition seeking an accounting, removal of one sibling as trustee, and appointment of a new trustee.  The parties attended a mediation and agreed to a settlement whereby $475,000 and a ranch would be given to Brother in exchange for giving up all further interest in the trust.  Siblings gave brother title to the ranch and were prepared to give him the money upon execution of formal settlement documents.  Brother never executed the documents.

Siblings filed a petition for specific performance to enforce the settlement and Brother counterclaimed for his initial demands.  Brother filed a motion to dismiss the Siblings’ petition; the motion was denied.  Siblings then filed a motion for summary judgment on their specific performance claim.

St. Louis County Circuit Court, Whittington, J., Held:

The court granted Siblings’ motion for summary judgment.  Brother appealed.

Court of Appeals, Romines, J., Held:

Affirmed.  Brother argued the trial court erred in denying his motion to dismiss the petition for specific performance.  First, he argued that because the trial court dismissed the underlying suit without prejudice, the settlement agreement was no longer valid.  However, no authority suggests a valid agreement is nullified merely by a dismissal without prejudice.  In fact, Rule 67.01 specifically permits bringing another action to enforce an agreement.

Second, Brother argued Siblings abandoned the settlement agreement by requesting additional terms or it was improper because the terms of the settlement were disputed.  However, the facts show Siblings intended to be further bound by the settlement upon formal execution of the settlement.  Further, while the settlement did not specify whether the $475,000 would come from the trust or one of the siblings, this does not render the entire settlement unenforceable.  The court can supply this missing provision by reviewing the evidence in record.