Legal Opinion

McGraw v. Marchiolli

Indiana Court of Appeals

Decided August 10, 2004No. 71A04-0312-CV-635PublishedCited by 7 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Patrick J. McGraw, P.J. Mac, Inc., and Jamison Inn Partnership (collectively, "McGraw") appeal the trial court's Order Approving Compromise and Settlement of Class Action. In particular, McGraw claims that the trial court erroneously enforced the settlement agreement because a condition contained within the mediated settlement agreement had not been satisfied. Because McGraw elected to go forward with the agreement even after realizing that the condition contained therein would not be satisfied, we find that McGraw waived the condition and cannot now attempt…

2Cases cited5 opinions

  1. Indiana State Highway Commission v. CurtisIndiana Supreme Court · 1998
  2. Van De Leuv v. Methodist Hospital of Indiana, Inc.Indiana Court of Appeals · 1994
  3. Blakley v. CurrenceIndiana Court of Appeals · 1977
  4. Wetzel v. AndrewsIndiana Court of Appeals · 1964
  5. International Health & Racquet Club, Inc. v. ScottIndiana Court of Appeals · 2003

3Cited by7 opinions

  1. AquaSource, Inc. v. Wind Dance Farm, Inc.Indiana Court of Appeals · 2005
  2. AEGEAN, LLC v. MERIDIAN SENIOR LIVING, LLC (DELAWARE)District Court, S.D. Indiana · 2019
  3. Anderson Property Management, LLC v. H. Anthony Miller, Jr., LLCIndiana Court of Appeals · 2011
  4. Edward Gaeta v. The Huntington National Bank (mem. dec.)Indiana Court of Appeals · 2019
  5. Gregory J. Mills v. Dean Kimbley (mem. dec.)Indiana Court of Appeals · 2015

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API