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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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A court action is dismissed without cause because an agreement

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A court action is dismissed without cause because an agreement was reached out of court . The agreement was attached to the dismissal order. The plaintive attorney declares that the dismissal constitutes court approval of the agreement and that the agreement is legal.
Thank you for your question. Please permit me to assist you with your concerns.

That depends. Do both parties sign off on the agreement? Did the judge ever formally review the agreement?
Customer: replied 4 years ago.
Yes, both parties signed. Not to my knowledge, but the agreement was attached to the dismissal.However ,the court was not requested to review the agreement as to the legality.

Thank you for your follow-up, Robert.

Technically the plaintiff's attorney is stretching the facts but he is correct. A judge does not evaluate the legality of the agreement, merely if an agreement was reached. So if the parties inform the judge that they settled and created a formal agreement, the judge will sign off on it if he or she is assured that there are no illegal terms in the agreement. It is tough to make the stretch that the judge signed off on this particular agreement if the judge never read it, but to claim that the judge signed off on a settlement agreement between the parties would be an accurate statement. The agreement became legal when both parties signed it--that is why the contract is legal, which, if the signatures are valid, compels the judge to uphold the terms.

Good luck.

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