LAVINE, J.
The issue in this case is whether an oral agreement placed on the record in open court that concludes the dispute between the parties must comply with the statute of frauds, General Statutes § 52-550(a). Our appellate courts have noted that an agreement that settles the dispute between parties and is placed on the record in open court is enforceable although the agreement has not been reduced to a writing signed by the parties. See Sparaco v. Tenney, 175 Conn. 436, 437, 399 A.2d 1261 (1978) (stipulated judgment); see also Arseniadis v. Arseniadis, 2 Conn.App. 239, 244, 477 A.2d 152 (1984) (settlement agreement). We therefore affirm the judgment of the trial court.
The defendant, Barry L. Bulakites, appeals from the judgment of the trial court, Hon. Jerry Wagner, judge trial referee, claiming that the court incorrectly applied § 52-550(a)(5), by granting the motion to enforce the settlement filed by the plaintiff, Reid & Riege, P.C.
On March 4, 2009, the parties attended a pretrial conference at which they agreed to participate in court-annexed mediation before Judge Wagner. As a result of the mediation, the parties reached an agreement. Counsel for the parties appeared before the court, Elgo, J., on July 8, 2009, at which time the plaintiff's counsel stated the agreement for the record.
The defendant claims that Judge Wagner did not correctly apply § 52-550(a)(5). General Statutes § 52-550(a) provides in relevant part: "No civil action may be maintained in the following cases unless the agreement . . . is made in writing and signed by the party, or the agent of the party, to be charged . . . (5) upon any agreement that is not to be performed within one year from the making thereof . . . ." Resolution of the defendant's claim requires us to construe the statute.
This claim is a matter of statutory construction, which "is a question of law to which the plenary standard of review applies." Friends of Animals, Inc. v. United Illuminating Co., 124 Conn.App. 823, 854, 6 A.3d 1180 (2010). "Statutes must be interpreted to give meaning to their plain language and to provide a unified body of law." (Internal quotation marks omitted.) Id. "The process of statutory interpretation involves the determination of the meaning of the statutory language as applied to the facts of the case, including the question of whether the language does so apply. . . . When construing a statute, [o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature. . . . In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case, including the question of whether the language actually does apply. . . . In seeking to determine that meaning, General Statutes § 1-2z directs us first to consider the text of the statute itself and its relationship to other statutes." (Internal quotation marks omitted.) In re A.R., 123 Conn.App. 336, 339, 1 A.3d 1184 (2010).
We conclude that the first six words of § 52-550(a), providing that "no civil action may be maintained," are clear and unambiguous. Our review of the record demonstrates that the present action was commenced to collect legal fees allegedly owed by the defendant pursuant to a retainer agreement for the services rendered by the plaintiff. The plaintiff did not seek to maintain a new action by filing a motion to enforce the settlement. Notably, the plaintiff did not use the procedures set forth in General Statutes § 52-45a in filing
In Audubon Parking Associates Ltd. Partnership, the plaintiff commenced an action for breach of a commercial lease. Id., at 805, 626 A.2d 729. "During jury selection, the parties represented on the record, in open court before the trial judge. . . that they had agreed to settle the entire matter . . . ." Id., at 806, 626 A.2d 729. After the settlement agreement had been placed on the record and agreed to by the parties, the court required the parties to withdraw the complaint and counterclaim immediately for administrative purposes. Id., and n. 3. "The court then stated that `[s]hould this matter unravel and the parties choose not to proceed on the settlement . . . I will allow the matter to be reinstated . . . .'" Id., at 806, 626 A.2d 729. The defendants, however, failed to abide by the settlement and the plaintiff filed a motion to open, which was granted by the court. Id., at 806-807, 626 A.2d 729. Thereafter, "the plaintiff filed a motion for judgment in accordance with and enforcement of the settlement contract.. . ." Id., at 807, 626 A.2d 729. The court rendered judgment against the defendants in accordance with the settlement agreement, concluding that "the parties had intended to enter into a binding settlement. . . ." Id. The defendants appealed.
Our Supreme Court stated, "the gravamen of the defendants' claim is that the plaintiff, once it filed a motion to open the judgment, had elected to pursue its claim under the lease and was therefore precluded from seeking enforcement of the settlement contract."
"An accord is a contract under which an obligee promises to accept a stated performance in satisfaction of the obligor's existing duty. Performance of the accord discharges the original duty. . . . If there is a breach of the accord, the obligee has the option of either seeking enforcement of the original duty or seeking enforcement of any obligation under the accord." (Citations omitted; internal quotation marks omitted.) Id., at 809, 626 A.2d 729. Here, it is significant that the defendant does not dispute the terms of the settlement agreement placed on the record before Judge Elgo.
"A trial court has the inherent power to enforce summarily a settlement agreement as a matter of law when the
In upholding the judgment rendered by the trial court in Audubon Parking Associates Ltd. Partnership, our Supreme Court quoted from Janus Films, Inc. v. Miller, 801 F.2d 578, 583 (2d Cir.1986). "Due regard for the proper use of judicial resources requires that a trial judge proceed with entry of a settlement judgment after affording the parties an opportunity to be heard as to the precise content and wording of the judgment, rather than resume the trial and precipitate an additional lawsuit for breach of a settlement agreement. This authority should normally be exercised whenever settlements are announced in the midst of a trial." (Internal quotation marks omitted.) Audubon Parking Associates Ltd. Partnership v. Barclay & Stubbs, supra, 225 Conn. at 812, 626 A.2d 729.
Our Supreme Court thereafter held that "a trial court may summarily enforce a settlement agreement within the framework of the original lawsuit as a matter of law when the parties do not dispute the terms of the agreement." Id. Although that holding was rendered in the context of a defendant's right to a jury trial on the settlement accord, with respect to the case before us, it is a distinction without a difference. The key element with regard to the settlement agreement in Audubon Parking Associates Ltd. Partnership and this case is that there is no factual dispute as to the terms of the accord. "Generally, [a] trial court has the inherent power to enforce summarily a settlement agreement as a matter of law [only] when the terms of the agreement are clear and unambiguous. . . and when the parties do not dispute the terms of the agreement." (Citation omitted; internal quotation marks omitted.) DAP Financial Management Co. v. Mor-Fam Electric, Inc., 59 Conn.App. 92, 95, 755 A.2d 925 (2000).
"The primary purpose of the statute of frauds is to provide reliable evidence of the existence and the terms of the contract . . . ." (Internal quotation marks omitted.) Electrical Wholesalers, Inc. v. M.J.B. Corp., 99 Conn.App. 294, 302, 912 A.2d 1117 (2007). "A stipulated judgment made in open court is not within the [s]tatute of [f]rauds, and therefore it was not error for the trial court to act upon an oral stipulation even though its subject matter was real property." Sparaco v. Tenney, supra, 175 Conn. at 437, 399 A.2d 1261.
The judgment is affirmed.
In this opinion the other judges concurred.
"The Court: And counsel, we've had an opportunity to meet in chambers. Would one of you like to present the agreement on the record, please.
"[The Plaintiff's Counsel]: Yes, Your Honor. The parties have agreed to settle the above matter on the following terms: The defendant will pay the plaintiff $30,000 within sixty days or before September 8, 2009. Thereafter, beginning October 8, 2009, the. . . defendant will pay the plaintiff $7083.33 each month beginning October 8, 2009, and every month thereafter until September 8, 2009, on the eighth day of each month. If no payment . . .
"The Court: That's September 8 . . .
"[The Plaintiff's Counsel]: of 2010.
"The Court: 2010. Okay.
"[The Plaintiff's Counsel]: If no payment is made by the defendant on the date required or within ten days for the monthly payments, the plaintiff will obtain a judgment in the amount of $115,000 reduced by whatever payments have been made by the defendant. As Your Honor had indicated, we have discussed the trial date in January and we had requested that the trial be canceled because we have reached an agreement.
"The plaintiff has agreed that as of June 15, 2010, the above matter will be withdrawn unless previous thereto we receive a judgment because of failure of the defendant to make payment. It is understood and the plaintiffs agree to withdraw the case and forgo any trial based upon this agreement and it is understood that after June 15, if the payments aren't made that are due on July 8, August 8, or September 8, those payments aren't made within the ten days as designated, the plaintiff will reopen the withdrawal, open the suit and obtain a judgment again in the amount of $115,000 reduced by all payments that have been made up to that time.
"Your Honor kindly pointed out to us the Audubon [Parking Associates] case . . . . Both myself and defense counsel have read that and our agreement concerning the withdrawal on June 15 and our right to reopen that withdrawal if there's a default in the agreement is premised on the language and legal authority designated or indicated in the Audubon case.
"The Court: Okay.
"[The Plaintiff's Counsel]: And it is, Your Honor had requested and we've agreed to reduce this agreement to writing, signed by the attorneys and the parties and to have it to the court. That's probably within a couple of weeks because the defendant is out of state so it may take some time.
"The Court: Okay.
"[The Plaintiff's Counsel]: I think I've covered everything.
"The Court: All right. [The defendant's counsel.]
"[The Defendant's Counsel]: I've listened very carefully to [the plaintiff's counsel] as he's put our agreement on the record, and I agree that that's our agreement.
"The Court: Okay. And you can represent on behalf of your client that your client understands the terms of this agreement and is in agreement with it?
"[The Plaintiff's Counsel]: Yes, I think that's the case.
"[The Defendant's Counsel]: Yes, ma'am, it is." (Emphasis added.)