Legal Question in Civil Litigation in Ohio

I was a defendant, and received a default judgement against me (I filed my response too late). A month later the judge had a damages hearing in her chambers with me and the plaintiff's attorney. At this I verbally agreed to settle for a much lower amount. The judge told the other attorney to draft an agreement, get it to me for review and signature and she held the case in abayence for 21 days. The attorney never contacted me and on day 22 I drafted and mailed in a motion to dismiss with prejudice. After a couple hoops i had to go through it was granted. now 5 months later the other attorney filed a motion to enforce this agreement that I have not signed and never saw, on a case that was dismissed with prejudice.

My question is this, will a court hear this motion? should i even respond to the motion? All I have received so far is a copy of the motion sent directly from the attorney.


Asked on 1/19/10, 4:04 pm

1 Answer from Attorneys
Vaseem Hadi Rendigs, Fry, Kiely & Dennis LLP

I would need to examine the pleadings to answer this question, especially the ones after your motion to dismiss with prejudice was granted. This will depend on whether a proper entry and order of dismissal was filed with the clerk of courts, as opposed to a mere decision sustaining your motion. This is really a housekeeping distinction, but an important one. Based on the limited information you provided, I would file something to oppose, but preserve the arguemnt/objection the court no longer has jurisdiction based on the earlier dismissal with prejudice.

Please contact me to discuss further.

Vaseem S. Hadi

513-381-9216

www.rendigs.com

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Answered on 1/25/10, 10:50 am


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