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Nationwide Mutual Fire Insurance Co. v. Modroo4/29/2005
ed by appellant, appellee, and the trial court judge was filed in the lower court. The consent judgment entry stated that a check in the amount of $250,000 was to be issued to appellee. These funds originated from appellant. However, the consent judgment entry further stated, "this judgment entry does not waive any of the parties' arguments and/or claims, including, but not limited to, any arguments and/or claims as to jurisdiction in any court and/or coverage or the amount of coverage under any policy."
{ } Although appellee agreed to the terms of the consent judgment entry, the language of such entry specifically precludes the waiver of any future arguments or claims made by appellee. Thus, notwithstanding appellee's acceptance of the $250,000 payment, the consent judgment entry preserves her right to file a motion to dismiss or stay the proceedings. There simply was no waiver. Appellant's third issue for review is not well-taken.
{ } Based upon the foregoing analysis, appellant's sole assignment of error is without merit. We hereby affirm the judgment of the trial court.
DONALD R. FORD, P.J., WILLIAM M. O'NEILL, J., concur.
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