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Message: Re: A few suggestions/points.....
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Oct 18, 2011 11:44AM
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Oct 18, 2011 12:03PM

I believe people are overlooking something important that Ron said about the settlement.

< Laurie, it would be helpful if you would look at the court's website and see if a dismissal has yet been filed. If not, this likely means that the written settlement agreement has not yet been fully executed, which, in turn, means that it can't be published yet. This is very routine >

My interpetation of the underlined portion is that while there is an agreement in place, all the required steps to fulfill such agreement have not yet been consummated. Exactly what that might entail, is open to specualtion. However, until the appellant notifies the Court of Appeals of a settlement, the process of the Appeal continues. Perhaps one of the required steps is to let the appeal play out? The reason I say that is because the rules of court require the appellant to notify the court immediately upon settlement.

Rule 8.244. Settlement, abandonment, voluntary dismissal, and compromise

(a) Notice of settlement

(1)If a civil case settles after a notice of appeal has been filed either as a whole or as to any party, the appellant who has settled must immediately serve and file a notice of settlement in the Court of Appeal.

I welcome other thoughts/interpetations on the above.

Opty

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Oct 24, 2011 02:14PM
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