Dixon v. Blackwell

I respectfully disagree with the court’s conclusion that Joshua Blackwell’s Rule 68 Offer of Judgment was an offer to allow entry of judgment rather than an offer to pay money in exchange for dismissal. But because the court alternatively concludes that Dixie Dixon waived this argument by failing to raise it to the superior court, and I agree with that conclusion, I concur in the ultimate decision by the court.

It is clear from the record that Dixon did not argue to the superior court that Blackwell’s offer of judgment was an offer to pay rather than an offer to allow entry of judgment.1 The…