Nienke v. Naiman Group, Ltd.

Judge ROTHENBERG

concurring in part and dissenting in part.

I concur in part and dissent in part.

The undisputed facts here show that, after the plaintiff had presented her case at trial, the trial court dismissed all but one of her claims. The court then suggested to counsel that they explore settlement. The parties left the courtroom, and apparently arrived at a settlement. However, since plaintiff was a protected person and a conservator had been appointed, the settlement required the approval of the probate court which had jurisdiction over a different aspect of the case.

Counsel contacted…