breach settlement agreement

Leonardo Lechuga

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Mar 10, 2008, 10:10:01 AM3/10/08

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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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Daniel P Marsh

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Mar 10, 2008, 10:21:20 AM3/10/08

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I would also be interested in such a document.

Dan

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John F. Ittenbach

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Mar 10, 2008, 12:34:06 PM3/10/08

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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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