Butkovich v. O'LEARY

The sole question presented on this appeal is whether the trial judge abused his discretionary authority in denying plaintiff’s motion to set aside his voluntary pretrial dismissal of this action instituted by plaintiff against defendants. The action, commenced by plaintiff in 1970, sought money damages from defendants upon allegations that they had fraudulently and negligently misadvised him to settle a prior legal malpractice claim he had asserted against two other Minnesota attorneys. Plaintiff, representing himself, settled the prior malpractice claim for $13,000. Later, being…