What is a petition to set aside a compromise and release?

A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause. It is not uncommon that one party alleges "mutual mistake," while the other party asserts the mistake was unilateral. This is ultimately decided by the trier of fact.

US Legal Forms
Petition to Set Aside Conveyance of Cemetery

Petition To Set Aside Compromise And Release In Fulton

Category:

Real Estate - Cemeteries

State:

Multi-State

County:

Fulton

Control #:

US-000297

Format:

Instant download

Description

The Petition to set aside compromise and release in Fulton is a legal document filed by plaintiffs seeking to nullify previous property conveyances regarding a perpetual care cemetery. This petition outlines the interests of the plaintiffs in the cemetery's property, lists the defendants, and details the history of the property transfer, asserting that any conveyances made are void and detrimental to the cemetery's ownership. The document serves as a formal request for the court to rescind specific deeds and to confirm the rightful title of the property to the plaintiffs for the cemetery's use. This form is essential for attorneys, partners, and legal assistants involved in property law, providing a structured format to challenge and seek relief from improper property transactions. Filling the form requires precise details regarding all parties involved and the nature of the property in question, ensuring clarity and legality in the submitted claims. It is ideal for cases involving disputes over cemetery ownership or property misuse, allowing legal professionals to protect their clients' interests effectively. The document's clear format aids paralegals in compiling necessary information and assisting in the process, ensuring that legal standards are maintained throughout.

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FAQ

A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause. It is not uncommon that one party alleges "mutual mistake," while the other party asserts the mistake was unilateral. This is ultimately decided by the trier of fact.

An offer of compromise is a formal offer to settle proceedings ing to the rules of the relative Court. If you are involved in a dispute with another person or business, going to trial/hearing can be expensive, time-consuming, distracting and uncertain.

A petition for approval of compromise of claim of minor or adult person with a disability is filed when parties have agreed to settle a claim of a minor or adult person with a disability. The law doesn't allow a minor or person with a disability to settle their own claim without an adult guardian.

A compromise exists where parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance, with each party conceding something, either by diminishing their alleged claim or by conceding or increasing their liability.

By signing the release, you agree to waive your right to pursue any further legal action in connection with the injury and accident specified in the settlement. Once you execute a release, you also cannot file any claims for injuries stemming from the incident that might not arise until later.

Any interested party or heir can file the Petition for Letters of Administration. The petition has to be completely filled out, including a complete listing of each and every heir of the deceased, each heir's age (or over 18), addresses, and relationship to the deceased.

To compensate is to offset (or conceal) a psychological or physical difficulty by developing in another direction. To compromise is to allow your environment impose upon you and for you to come up with the best plan of action within those boundaries by making concessions.

If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.

A motion to set aside may be brought to set aside a judgment based upon: Lack of jurisdiction over the person or the subject matter; Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or.