In a medical malpractice action involving minor plaintiffs, the moving party sought to set aside an administrative dismissal for delay in order to file a litigation guardian affidavit and involve the Office of the Public Guardian and Trustee.
The court applied the factors governing relief from administrative dismissal and found the delay adequately explained, the motion brought promptly, and no prejudice to the responding party.
However, the court held that a settlement agreement dismissing the action without costs was enforceable against the adult plaintiff personally because clear authority had been given to counsel to settle.
The settlement was not enforceable against the minor plaintiffs because no litigation guardian had properly been appointed and the required affidavit under Rule 7.02 had never been filed.
The action of the adult plaintiff was dismissed without costs and without prejudice to the rights of the minor plaintiffs.
