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BERRY v. JAVITCH, BLOCK & RATHBONE, L.L.P.

No. 2009-1507.

127 Ohio St.3d 480 (2010)

2010-Ohio-5772

BERRY ET AL., Appellees, v. JAVITCH, BLOCK & RATHBONE, L.L.P., Appellant.

Supreme Court of Ohio.

Decided December 2, 2010.

Attorney(s) appearing for the Case

Morganstern, MacAdams & DeVito Co., L.P.A., Christopher M. DeVito , and Alexander J. Kipp ; and Landskroner, Grieco, Madden, L.L.C., Paul Grieco , and Drew Legando , for appellees.

Synenberg & Associates, L.L.C., Roger M. Synenberg , Dominic J. Coletta , and Clare C. Christie , for appellant.

LUNDBERG STRATTON, J.

{¶ 1} Today this court must examine the following issue: When parties to a tort claim have executed a settlement agreement and consent judgment entry, may one party subsequently institute a separate cause of action for fraud in the inducement of the settlement agreement without seeking relief from the consent judgment and rescinding the settlement agreement? We answer in the negative and, therefore, reverse the judgment of the...

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