Monday, May 28, 2007

Gotta Make a Record!

John Day (the Tennessee lawyer who writes Day On Torts) uses a Missouri case to remind readers that you have to make a record to prevent reversal on appeal. In this case, there was a settlement agreement that the plaintiffs refused to sign, saying that the attorney didn't have authority to make the settlement offer he did. The trial court, after a hearing with only oral argument (and no transcript), found that he did and entered judgment. But the Court of Appeals reversed. What did it have in front of it to do otherwise? Day on Torts: Failure to Make Record Causes Reversal, May 21, 2007.

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