does anyone have a complaint format or sample for setting aside a "dismissal w/ prejudice" based on breach of settlement agreement?
  my case involved a complaint for breach of contract and the case settled with a mutual release of claims except that there was a warranty stipulation included and that warranty was breached.
  i want to reopen the whole case and go back to square one based on breach of settlement agreement.
  if anyone can help i would appreciate it. thank you

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I would also be interested in such a document.

Dan

  _____  

From: LawFind@googlegroups.com [mailto:LawFind@googlegroups.com] On Behalf
Of Leonardo Lechuga
Sent: Monday, March 10, 2008 10:10 AM
To: lawfind@googlegroups.com
Subject: breach settlement agreement

does anyone have a complaint format or sample for setting aside a "dismissal
w/ prejudice" based on breach of settlement agreement?

my case involved a complaint for breach of contract and the case settled
with a mutual release of claims except that there was a warranty stipulation
included and that warranty was breached.

i want to reopen the whole case and go back to square one based on breach of
settlement agreement.

if anyone can help i would appreciate it. thank you

  _____  

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<http://us.rd.yahoo.com/evt=51733/*http:/mobile.yahoo.com/;_ylt=Ahu06i...
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Under current Indiana cases, once a dismissal with prejudice is entered, you
must file a Rule 60B motion to set aside the settlement.  If there are new
complaints they must be filed in a new lawsuit.  See E & S Mems, LLC vs.
Eagen, 795 N.E.2d 508 (Ind.Ct.App., 2003)

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