S & L RESTAURANT CORP. v. Leal

PEEPLES, Justice, joined by BUTTS and REEVES, Justices,

dissenting to denial of en bane consideration of appellant’s motion for rehearing.1

[Filed August 19, 1994]

I respectfully dissent from the full court’s decision not to rehear this case en banc pursuant to Justice Reeves’ request. I think that Steak and Ale timely withdrew its consent to a settlement and that therefore the $2.2 million consent judgment cannot stand. I also conclude that the settlement was induced by fraud, which makes the majority’s holding especially erroneous.

This appeal justifies en banc review for two reasons: (1) The…