The defendant Western Assurance Company brought a motion to amend a previously issued consent judgment that approved an infant settlement and dismissed the action against another defendant.
Western Assurance sought to amend the judgment to dismiss the entire action without costs, relying on a prior unapproved release.
The court dismissed the motion, finding that the prior judgment was fully executed and could not be amended to include a non-party to that settlement.
The court directed that a separate motion under Rule 7.08 is required to approve the settlement and dismiss the action against Western Assurance.
