Berry v. Javitch, Block & Rathbone, L.L.P.

[Cite as Berry v. Javitch, Block & Rathbone, L.L.P., 127 Ohio St.3d 480,

2010-Ohio-5772.] BERRY ET AL., APPELLEES, v. JAVITCH, BLOCK & RATHBONE, L.L.P., APPELLANT. [Cite as Berry v. Javitch, Block & Rathbone, L.L.P., 127 Ohio St.3d 480,

2010-Ohio-5772.] When parties to a tort claim have executed a settlement agreement and consent judgment entry, one party may not subsequently institute a separate cause of action for fraud in the inducement of the settlement agreement without seeking relief from the consent judgment and rescinding the settlement agreement. (No. 2009-1507 — Submitted May 11, 2010…