Richardson v. Smith

OPINION

FLANDERS, Justice.

In the middle of trial and without any motion or other prompting from the parties or their counsel, a Superior Court justice vacated a prior consent order assigning this case for trial and reinstated the parties’ abandoned settlement agreement over the objection of one of the parties to the consent order. Because we conclude that in this instance the trial justice should have left well enough alone, we vacate the judgment and remand this case for trial.

Facts

The defendants, Z. Hershel Smith and Sanford Mills, d.b.a. Sandy Industries, were apparently in the business of…