LAW SINCE 30 DAYS BEFORE THE TRIAL. THE COURT: THIS CASE IS SETTLED, AND THERE ARE NO FURTHER PROCEEDINGS. THE ONLY THING THAT CAN HAPPEN IS THAT YOU CAN COME BACK TO ENFORCE THE SETTLEMENT OR COME
BACK AND EXPLAIN TO THE COURT WHY THE THIRD PARTY HAS INTERFERED SOMEHOW WITH THE COMPLETION OF THE SETTLEMENT. THIS CASE, AS FAR AS THE COURT IS CONCERNED, IS OVER.
....
THE COURT: THERE ARE NO HOLD HARMLESS, NO INDEMNITIES. HAS ANYBODY DISCUSSED THAT? MR. REUBEN: WE HAVEN'T DISCUSSED IT, YOUR HONOR. THE COURT: WHAT DO YOU THINK THE ANSWER IS? MR. REUBEN: THERE WILL PROBABLY BE NO HOLD HARMLESS OR INDEMNITIES. I WOULD LIKE A CHANCE TO DISCUSS IT. MS. SCHLICHT: I'M NOT AWARE OF ANY, BUT I'M NOT AWARE OF THE UNDERLYING DOCUMENTATION ON THE WRAP. MR. REUBEN: WE'RE OKAY WITH THAT. WE WILL RELEASE, NO HOLD HARMLESS, NO INDEMNITY. MS. SCHLICHT: LIKEWISE, WE HAVE NO PROBLEM WITH THAT. THE COURT: AGREED. MS. SCHLICHT, YOU HAVE DISCUSSED THIS WITH YOUR CLIENTS? MS. SCHLICHT: CORRECT. THE COURT: MR. NELSON, DO YOU UNDERSTAND THIS SETTLEMENT? MR. NELSON: I BELIEVE I DO. THE COURT: WELL, DO YOU HAVE ANY QUESTIONS? NOW IS THE TIME TO SPEAK UP. THE QUESTIONS I'M GOING TO ASK YOU, DO YOU UNDERSTAND IT? DID YOU DISCUSS IT WITH YOUR LAWYERS? DID YOU DISCUSS IT WITH EVERYONE YOU NEED TO, AND DO YOU FREELY UNDERSTAND IT AND FREELY ENTER INTO THE AGREEMENT? MR. NELSON: WITHOUT BEING EVASIVE, I THINK I UNDERSTAND IT, YES. THE COURT: THAT IS EVASIVE. I NEED TO KNOW THAT YOU DO UNDERSTAND IT, AND YOU DO AGREE TO IT. IF YOU HAVE A QUESTION, TALK TO YOUR LAWYERS, AND LET'S GET IT WORKED OUT. I DON'T WANT TO READ IN THE RECORD LATER, "I THINK I UNDERSTAND IT." MR. PERILLAT: YOUR HONOR, IF I MAY, MR. NELSON'S HESITATION WAS BASED UPON HIS LACK OF FAMILIARITY WITH SECTION 1542 AND 664.6, WHICH I HAVE EXPLAINED TO HIM, AND HE IS NOW READY TO RESPOND. THE COURT: HAVE YOU DISCUSSED IT WITH YOUR LAWYERS AND DO YOU AGREE TO THE SETTLEMENT?
MR. NELSON: YES. THE COURT: DO YOU UNDERSTAND THE SETTLEMENT? MR. NELSON: YES. THE COURT: MS. SCHLICHT, ON BEHALF OF EVERYONE ELSE THAT YOU REPRESENT, HAVE YOU DISCUSSED IT WITH THEM, AND DO YOU HAVE AUTHORITY TO ENTER INTO THE AGREEMENT ON THEIR BEHALF? MS. SCHLICHT: YES. THE COURT: MR. REUBEN? MR. REUBEN: YES. THE COURT: HAVE YOU DISCUSSED ALL OF THIS WITH YOUR CLIENT? MR. REUBEN: YES, YOUR HONOR.
Crucial to the determination of whether or not the trial judge in Nashville properly granted summary judgment as to liability against Metric is the provision of the settlement:
MR. REUBEN: . . . THE PURCHASE OF THE LAND IS AS IS. WE - - MS. SCHLICHT: IT'S AS IS, INCLUDING BUT NOT LIMITED TO TITLE ISSUES. MR. REUBEN: THAT'S CORRECT, . . .
Aside from the fact that this language is unambiguous, Metric and all other parties