Caswell Realty Associates I, L.P. v. Andrews Co.

SMITH, Judge.

Plaintiff, Caswell Realty Associates, filed a civil action against defendant, Andrews Company, Inc. (Andrews) on 15 January 1991. The parties settled that suit. A notice of voluntary dismissal with prejudice was filed on 12 January 1994. On 3 March 1994, plaintiff filed a Rule 60(b) motion for relief from the settlement and stipulation of dismissal, alleging that the settlement had been procured by defendant Andrews’ fraudulent conduct.

The motion for relief from dismissal was scheduled for hearing on 25 July 1994. That morning, prior to the hearing, plaintiff withdrew the Rule…