Question
David Kidds dog bit Mikaila Sherrod. On June 14, 2010, the Kidds offered to settle for $32,000. On July 12 the Sherrods sued the Kidds.
David Kidds dog bit Mikaila Sherrod. On June 14, 2010, the Kidds offered to settle for
$32,000. On July 12 the Sherrods sued the Kidds. On July 20 the Kidds bumped their
offer up to $34,000. The suit was subject to mandatory arbitration, which proceeded on
April 28, 2011. On May 5 the arbitrator awarded the Sherrods $25,000. On May 9 the
Sherrods wrote to the Kidds and purported to accept their last offer of $34,000, made
the year before. The Sherrods attorney moved to enforce that purported $34,000
settlement agreement. The court concluded that the offer was properly accepted
because it had not been withdrawn and entered judgment against the Kidds for $34,000.
The Kidds appealed. What result should obtain on appeal, and why?
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