This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Petition To Set Aside Compromise And Release In Hillsborough
Category:
State:
Multi-State
County:
Hillsborough
Control #:
US-000297
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Word;
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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.
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.
Reconsideration may be had only of a final order. The appeals board has power to grant reconsideration on its own motion at any time within 60 days after filing of a final decision, but it most frequently acts upon the petition of a party. An adverse party may file an answer within 10 days.
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.
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.
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.
In order to properly bring an article 78 proceeding, a petitioner must have first exhausted their administrative remedies (discussed in detail below). Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.