Gojcaj v. Moser

Plaintiffs filed this malpractice action on August 24, 1982. The case was set for mediation on July 20, 1983. Before the mediation date, defendant made a $2,000 settlement offer. On September 2, 1983, defendant filed a "motion for summary judgment”, alleging that plaintiffs had accepted defendant’s offer and that plaintiffs’ attorney had acknowledged such settlement. On December 6, 1983, the circuit judge granted the motion and adjudged the settlement to be valid. Plaintiffs appeal as of right.

On August 10, 1983, after the alleged settlement had been entered into, plaintiffs filed a motion to…