Simons v. Schiek's, Inc.

(dissenting),

I cannot agree that under this record it was proper for the court to set aside the settlement and dismissal of this matter under Rule 60.02(6). All of our prior decisions make it clear that the application of clause (6) is reserved for exceptional situations where the equities weigh heavily in favor of the petitioner and clearly require that relief be granted to avoid an unconscionable result. This is not such a case.

The law favors good-faith settlements.1 They are presumed to be valid. Litigants who seek to avoid them have a heavy burden of persuasion.2 To permit them to be…