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KNR Legal Blog
Akron, OH April 14, 2015 – Kisling, Nestico & Redick, LLC (KNR) Attorneys John Reagan, Rob Nestico, and Chris Van Blargan successfully argued before the Ohio Supreme Court in an appeal stemming from a civil suit brought against their client.
In Infinite Security Solutions, L.L.C. v Karam Properties II, Ltd. 2015-Ohio-1101, the lawyers at KNR successfully overturned a trial court ruling which, in the guise of enforcing a settlement agreement after the court’s dismissal, decided collateral issues not part of the actual litigation of the case. The Supreme Court of Ohio agreed with the Sixth Appellate District and concluded a trial court must incorporate a settlement or expressly reserve jurisdiction to enforce it in the court’s dismissal entry. Otherwise, a party seeking to enforce a settlement must file a separate action in contract based on the settlement agreement.
“This is an important ruling because the decision resolves a longstanding conflict between Ohio’s appellate districts, aligns Ohio law with other states and federal courts, and serves to ensure settlement details are finalized prior to dismissal,” says Attorney Van Blargan.
Additionally, the Supreme Court suggested courts wishing to clear their dockets after settlement should follow the example of several common pleas courts in adopting rules allowing a limited timeframe after settlement to submit a proposed dismissal entry.
Kisling, Nestico & Redick (KNR) is a personal injury law firm providing representation for Ohio residents. KNR has gained a reputation as one of the state’s leading firms due to KNR’s personal service, inside knowledge of the insurance industry, and extensive legal experience.
If you would like more information about this topic or if someone you know could be the victim of an auto accident, please contact Kisling, Nestico & Redick at 1-800-HURT-NOW or www.knrlegal.com.