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  • #16
    enforcement of offer to settle claiming it was revoked

    I am looking for case law that will support my motion to enforce the offer to settle that I accepted and that the STBX says he revoked via email.

    He never revoked the offer and it is not filed in court.

    I want case law that will support me getting the offer enforced.

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    • #17
      Northern Phoenix

      I almost didn't reply because the thread you used is so old.

      I understand your frustration. I have been through many settlement offers. Usually they include a clause; the offer must be accepted in full to be valid. Often there are concessions that justify other pieces of the offer.

      You stated that you agreed except for 2 areas that you negociated again and then agreed to. The original offer is probably no longer valid as soon as you negociated something different on 2 areas.

      Was a new offer prepared with the 2 areas adjusted in which you both signed off on with ILA? If not what I suggest you do is make your own offer to settle and serve it. He will need to ignore, decline or sign. If you are on your way trial this will be used as your offer to settle and presented to the judge at the conclusion of trial.

      Sounds to me like you may be able to get a settlement without court interference if you both were that close. check the ego at the door and add a little honey to the communication and it might save the both of you (and your children if you have them) a lot of time, money and agrevation.

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      • #18
        offer to settle

        I agree we should be able to settle, my ego is in the gutter so if he counter offers I will take it most likely but he won't even counter offer.
        He is beyond reasonable right now I don't know why.
        I will send him another offer to settle in the next few weeks. Back to court in June for trial management conf.

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