COURT OF APPEALS OF OHIO EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 74596 ANN GREGORY, : : ACCELERATED DOCKET Plaintiff-Appellant : : vs. : JOURNAL ENTRY : : AND REALTY ONE, INC., ET AL., : : OPINION Defendants-Appellees : : PER CURIAM DATE OF ANNOUNCEMENT DECEMBER 10, 1998 OF DECISION: CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. CV-307927 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellant: For Defendants-Appellees: ANN GREGORY KEITH D. THOMAS 3210 Warrensville Center Rd. Berlon & Timmel Apt. 100 633 Leader Building Shaker Heights, Ohio 44122 526 Superior Avenue, N.E. Cleveland, Ohio 44114 For Defendants-Appellees: MURRAY K. LENSON BRIAN N. RAMM SEAN P. ALLAN Ulmer & Berne 20525 Center Ridge Road Bond Court Building, Suite 900 Westgate Tower - Suite 505 1300 East Ninth Street Rocky River, Ohio 44116 Cleveland, Ohio 44114-1583 ROBERTO H. RODRIGUEZ, JR. 918 Terminal Tower 50 Public Square Cleveland, Ohio 44113 -2- PER CURIAM: This case came on for hearing upon the accelerated calendar of our court pursuant to App.R. 11.1 and Loc.R. 25, allowing for our decision to be stated in brief and conclusory terms. Ann Gregory, pro se, appeals from an order of the common pleas court entering a $30,000 judgment in her favor pursuant to her settlement of claims arising out of a radiator explosion which occurred in her apartment. She claims court error in failing to conduct a hearing regarding settlement terms and in failing to memorialize the settlement terms in its record. Gregory sued Kathy Zimmerman, the owner of her apartment building, Realty One, Inc. as management agent, and Hank Jackson Plumbing and Heating, Inc., due to injuries she sustained when a bathroom radiator exploded in her apartment. On the morning of trial, the judge met with her and determined her settlement demand to be $30,000. The court then spoke with counsel for the defendants, who agreed to pay the $30,000 demand, and the court then journalized a settled and dismissed entry on April 30, 1998, indicating a subsequent entry would be forthcoming. On May 4, 1998, the court journalized a supplemental entry which specified respective amounts of judgments against the defendants in this case. Gregory now appeals and presents two assignments of error for our review which state as follows: I. THE TRIAL COURT ERRED IN FAILING TO HOLD AN EVIDENTIARY -3- HEARING TO RESOLVE FACTUAL ISSUES WITH RESPECT TO THE EXISTENCE AND TERMS OF AN ALLEGED SETTLEMENT. II. THE TRIAL COURT ERRED IN ITS SETTLEMENT AND DISMISSAL OF THIS CASE WITH PREJUDICE WITHOUT HAVING IT MEMORIALIZED IN COURT RECORDS. Gregory contends that the trial court erred in entering judgment on the settlement and in dismissing her case because it did not first conduct a hearing and place the terms of the settlement in the record. The appellees maintain that the court acted correctly in resolving the matter. The issue then before us is whether the court erred in its handling of the settlement in this case. We note at the outset that the well settled law in Ohio favors the prevention of litigation through compromise and settlement, and as the court stated in Kirschbaum v. Dillon (1991), 58 Ohio St.3d 58, at 69-70: So long as there is no evidence of collusion, in bad faith, to the detriment of other, non-settling parties, the settlement of litigation will be encouraged and upheld. Our review of the record in this case reveals that although the court did not read the terms of the settlement agreement into the record, such an act is not necessary to constitute a settlement. The court's judgment entry of May 4, 1998, clearly set forth the terms of the agreement, and stated in part: Parties appeared for Trial on April 28, 1998. Plaintiff represented to the Court that the case would settle for $30,000.00. Court delayed Trial to ascertain whether or not Defendants could match demand of Plaintiff. Defendants notified the Court that they would pay the $30,000.00. The Court then determined this case to be -4- settled and dismissed with prejudice. Defendant, Hank Jackson, to pay $15,000.00; Defendants, Kathy Zimmerman and Realty One to pay $15,000.00 between them. * * * The record in this case indicates no evidence of collusion or bad faith. On the contrary, Gregory obtained the amount she demanded in settlement. Therefore, the court did not err in entering judgment on the settlement, the terms of which it fully set forth in its judgment entry, and the court did not err in dismissing the case on this basis. Gregory's assignments of error are, therefore, without merit, and they are overruled. Judgment affirmed. -5- It is ordered that appellees recover of appellant their costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. TERRENCE O'DONNELL, PRESIDING JUDGE JAMES D. SWEENEY, JUDGE MICHAEL J. CORRIGAN, JUDGE N.B. This entry is an announcement of the court's decision. See Apar 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to Apar 22(E) unless a motion for reconsideration with supporting brief, per Apar 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the .