Rhett Rance Smith and Alice Avila Smith - Page 12

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          during the February 21 conversation was, at best, his                       
          understanding of the intent or actions of another person–-Ms.               
          Gonzalez or her office.  The subsequent discussion between                  
          Messrs. Carriger and Stientjes was essentially an argument about            
          whether petitioners’ offer of settlement had been accepted.                 
               The essence and focus of the February 21 and March 2, 2006,            
          telephone conversations indicate that petitioners were more                 
          concerned about avoiding the new issue (noncash contribution)               
          than merely enforcing the settlement of the cash contribution               
          issue.  We are not compelled to consider this subtlety, because             
          we hold that there was no acceptance of the offer, and, hence the           
          entire case could not have been settled.  Even though                       
          respondent’s counsel indicated in the March 2, 2006, telephone              
          conversation that the cash contribution issue was or would be               
          settled, that was after a new issue (the non-cash-contribution              
          issue) had been raised.  In any event, it is not sufficiently               
          clear that the cash contribution issue had been settled before              
          the March 2, 2006, conversation.                                            
               Although there is precedent that would permit this Court to            
          enforce an oral settlement or acceptance of a settlement offer,             
          it must appear reasonably certain that the parties had agreed or            











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