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Carpenter v. Young5/15/1989
1982). Because the portion of the agreement relating to Keeler pertained only to the appealability of the summary judgment order, it did not merge into and extinguish the court's order finding him not negligent. The respondents chose to litigate their claim against Keller, lost, and then waived their right to appeal. Upon waiving the right to appeal the motion for summary judgment, the judgment and its finding that Keeler was not negligent became final.
C.
In sum, we find that the summary judgment order granted in Keeler's favor was a "final judgment" for purposes of collateral estoppel. Because the judgment did not merge into and become extinguished by the subsequent settlement agreement and the respondents waived their right to appeal, Carpenter could assert a collateral estoppel defense against the respondents' claims.
Accordingly, we reverse and return the case to the court of appeals with directions to reinstate the trial court's entry of summary judgment in favor of Carpenter.
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