Harley C. Mcdaniel and Delores M. Mcdaniel

Intervenor/Plaintiff, Standard Bank & Trust (SBT), sought specific performance of a settlement agreement between itself and William W. Merrion, individually, William W. Merrion, Trustee, the William W. Merrion Trust, and Park Place Care Center, Inc. (Defendants). SBT claimed the settlement involved an assignment by SBT to the defendants of a promissory note and its collateral for a sum of $275,000. The trial court determined that the parties had entered into a valid, enforceable agreement for the settlement of the litigation pending between them. The defendants raise three issues in their appeal from the trial court's determination. First, the defendants claim that an involuntary bankruptcy petition filed by Merrion against McDaniel automatically stayed the trial court from proceeding with the litigation. Second, the defendants claim that the oral agreement was not enforceable because it violated the statute of frauds. Finally, the defendants argue that there was no substantial evidence to support the trial court's finding that there was a meeting of the minds. The McDaniels were originally the sole owners of Park Place Care Center, Inc., a nursing home in Raytown. They sold 75% of their interest to Merrion in his capacity as trustee for the Merrion Trust. In the underlying action the McDaniels filed suit against the defendants alleging that they had taken over control of the nursing home, misappropriated funds, and withheld profits due the McDaniels. The McDaniels sought a judicial determination of the legal relationship with the defendants and sought alternative legal and equitable relief.