Opinion
Civil Action No. 03C-01-132-JRJ.
September 2, 2005.
ORDER
AND NOW TO WIT, this 2nd day of September, 2005, the Court having duly heard and considered Defendant/Third Party Plaintiff, Rosibel Garcia's Motion for Relief from Stipulation of Dismissal, and the opposition thereto, IT IS HEREBY ORDERED THAT the Motion is GRANTED pursuant to Superior Court Civil Rule 60(b). It is clear the parties never entered into any agreement regarding, or intended the stipulation to affect, Ms. Garcia's personal injury claims. The Court finds excusable neglect and therefore will allow Defendant/Third Party Plaintiff Garcia to amend the stipulation of dismissal to specifically exclude Ms. Garcia's personal injury claims against Nicole and Melissa Mueller. To rule otherwise would result in manifest injustice — a result the Court cannot countenance.