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Emmer v. North Central State College11/29/2005
sel, Action Coupling filed a motion for relief from judgment seeking to vacate the March 16 dismissal entry. Action Coupling argued it was withdrawing its consent to settle pursuant to R.C. 4123.65(C).
{ } The certified question on appeal was " hether R.C. 4123.65 is applicable to state fund claims in which settlement is reached during litigation brought pursuant to R.C. 4123.512."
{ } The Court held:
{ } "R.C. 4123.65 does not apply to state-fund workers' compensation claims on appeal to a common pleas court under R.C. 4123.512.
{ } *
{ } "Here, the parties entered into a settlement during court litigation initiated under R.C. 4123.512. Under these circumstances, we find that R.C. 4123.65 does not apply to this action."
{ } Appellant argues Jones is distinguishable because in this case there was no written dismissal entry or written settlement agreement submitted to the trial court. We disagree. In the case sub judice, the parties admittedly agreed to a settlement agreement which was then reduced to writing, which appellant refused to sign. The trial court vacated its trial date based upon the parties' representations the matter was settled. We find Jones applicable to the case sub judice. Therefore, upon review, appellant was not entitled to the thirty-day time period pursuant to R.C. 4123.65, as it is undisputed the case sub judice arises out of a state-fund workers' compensation claim on appeal to the common pleas court pursuant to R.C. 4123.512. Appellant's simply changing her mind with regard to the settlement agreement is insufficient.
{ } Accordingly, based upon the above, we find the trial court did not abuse its discretion in ordering enforcement of the parties' settlement agreement, and subsequently dismissing the complaint with prejudice to any future action. The April 29, 2005 Judgment Entry of the Richland County Court of Common Pleas is affirmed.
By: Hoffman, J., Boggins, P.J. and Edwards, J. concur
JUDGMENT ENTRY
For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Richland County Court of Common Pleas is affirmed. Costs assessed to appellant.
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