- 30 - 1979 through 1990, we do not take that stipulation as determinative of the fact that Frank and Mary Wheaton had a nonwaivable conflict. Dorchester and Frank Wheaton also argue that, besides a conflict of interest, Gilson and Wodlinger had no authority to enter into a joint settlement because they had no authority to do so on behalf of Mary Wheaton. We do not believe that Gilson and Wodlinger lacked authority with respect to Mary Wheaton. First, Mary Wheaton had told Gilson and Wodlinger to take their direction from Frank Wheaton. We have found that Frank Wheaton authorized a settlement of the docketed cases. Second, Mary Wheaton has stipulated with respondent that Gilson and Wodlinger had authority to enter into a settlement of the docketed cases on her behalf (Mary Wheaton’s authority stipulation), “which settlement was set forth in an exchange of correspondence between the parties dated November 6, 1995.” In Mary Wheaton’s response to respondent’s motions for entry of decision (Mary Wheaton’s response), she avers that she was neither consulted with respect to the settlement nor did she authorize the purported settlement or have any knowledge of it. In Mary Wheaton’s response, she also claims that she has been in poor health during the period of this litigation and has relied “totally” on her husband. From the various papers filed in these cases by Frank Wheaton and by Mary Wheaton and from other evidence in the record, we conclude that Mary Wheaton did not involve herself in these cases andPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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