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Sarvestaney v. Tallman

Court of Appeals of Iowa

March 8, 2017

CYRUS F. SARVESTANEY, Plaintiff-Appellant,
v.
THOMAS TALLMAN and AMY TALLMAN, Defendants-Appellees.

         Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.

         Plaintiff appeals the district court decision denying his request to set aside a settlement agreement in his tort action against defendants. AFFIRMED.

          Cyrus F. Sarvestaney, Davenport, appellant pro se.

          Kelly W. Otto, West Des Moines, for appellees.

          Considered by Mullins, P.J., and Bower and McDonald, JJ.

          PER CURIAM.

         Cyrus Sarvestaney appeals the district court decision denying his request to set aside a settlement agreement in his tort action against defendants. We find Sarvestaney has not raised adequate grounds to support his position, and we note he agreed, on the record, to the terms of the settlement. We affirm the decision of the district court denying Sarvestaney's motion to set aside the settlement agreement.

         I. Background Facts & Proceedings

         Sarvestaney was involved in a motor vehicle accident with a vehicle driven by Amy Tallman. On July 15, 2015, Sarvestaney filed a tort action against Amy and Thomas Tallman alleging the accident was caused by Amy's negligence. The Tallmans denied liability and raised an affirmative defense alleging Sarvestaney was at fault.

         On April 7, 2016, Sarvestaney's counsel, Jenna Green, filed a motion to withdraw, stating there had been a breakdown of the attorney-client relationship and asking for a continuance. Sarvestaney resisted the motion, pointing out the matter had been pending for several months and stating he did not want to further delay resolution of the case. The motion to withdraw was denied because it did not comport with a local rule. Green filed a revised motion to withdraw on April 12, 2016.

         Prior to the ruling on the revised motion, the parties had a settlement conference on April 15, 2016, with Green representing Sarvestaney. The parties entered into a settlement agreement in which Sarvestaney would be paid $6500 and he would sign a release of his claims against the Tallmans. The following statements were made on the record before the court to memorialize the settlement agreement:

THE COURT: Okay. Have I accurately recited the settlement to everyone's satisfaction?

DEFENDANTS' COUNSEL: Yes, your Honor.

SARVESTANEY: Yes, your ...

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