Environmental Abatement, Inc. v. Astrum R.E. Corp.
This case addresses whether a settlement judge can enter a consent decree when a party withdraws its consent to an oral agreement reached during a judicial settlement conference. Mahan Roofing and Sheet Metal Company, Inc. (Mahan) appealed after a settlement judge entered a compromise and settlement order despite Mahan's explicit withdrawal of consent. The appellate court found that the oral agreement was not made 'on the record' or 'in open court,' thus allowing Mahan to withdraw its assent. Furthermore, the court determined that the settlement judge, acting as a dispute resolution neutral under Tennessee Supreme Court Rule 31, lacked the authority to enter a dispositive order. Consequently, the appellate court reversed the trial court's decision, vacated the Order of Compromise and Settlement, and remanded the case for further proceedings.