Guthrie v. Guthrie

In 1998, Sandra Guthrie (plaintiff) and Dallis Guthrie (defendant) married. In April 2000, Sandra initiated a divorce action, and the divorce court ordered the parties to mediation. Through the mediation, the parties reached a settlement agreement on the disposition of their marital property. On May 31, 2000, the Guthries and their respective counsel executed and signed a written settlement agreement. Under the agreement, Dallis was to begin making monthly payments to Sandra the very next day, the payments were expressly “not subject to any contingency,” Dallis had to make a large payment on July 1, 2000, and the parties were to take a number of actions within 30 days of signing the agreement to effectuate it, such as transferring property titles. Before the divorce court could consider the settlement agreement or enter a judgment, Dallis died. The divorce proceeding abated. Dallis’s representatives (the executors) (defendants) sought to probate his will, while Sandra sought to enforce the mediated settlement agreement in superior court. The executors opposed Sandra’s action. The trial court granted summary judgment to the executors. The court stated that it was assuming the role of a divorce court, which had the power to reject some or all of a property settlement agreement. The court of appeals reversed, finding that the trial court should have applied ordinary rules of contract law rather than applying the rules of a divorce case. The Georgia Supreme Court agreed to review the matter.