(dissenting). There was no error in the trial court’s refusal to set aside the stipulation. It is true that where the next friend of a minor plaintiff enters into a compromise or settlement of the minor’s claims, the settlement is without effect unless, after a hearing, Centala v Navrude, 45 Mich App 282, 284-285; 206 NW2d 544 (1973), the trial court determines that it is in the best interests of the minor plaintiff. Palazzolo v Judge of Superior Court of Grand Rapids, 234 Mich 547, 549; 208 NW 677 (1926), Dudex v Sterling Brick Co, 237 Mich 470; 212 NW 92 (1927). Here, however, there was no compromise or settlement based on the merits of the case whose fairness the court could evaluate, for the trial court would have had to dismiss the action in any event as to Peoples. There was simply a stipulation, entered into in accordance with the applicable court rule, GCR 1963, 504.1(1), based on defendant Peoples’ perceived immunity from suit. This conclusion disposes of the sole issue raised by plaintiffs.
However, the majority has seen fit to prolong this ten-year old phase of the instant case by injecting, sua sponte, the argument that the parties "misapprehended” the state of the law relative to governmental immunity at the time the stipulation was entered into. My brothers further believe that the minor plaintiff’s next friend was without authority to bind the minor by the stipulation involved because it surrendered the minor’s rights against defendant hospital — even though these rights weren’t recognized by judicial pro*536nouncement until years following the entry of the stipulation. I cannot agree. There was no misapprehension as to the status of defendant’s immunity at the time. A hearing to determine the best interests of this minor, held at that time, would have produced no different results and plaintiff’s next friend could effectively bind the minor. I do not view the facts of this case to be as unique as my brothers view them. Their decision today invites the reopening of much long-settled litigation and greatly undermines the intended finality of GCR 1963, 504.1(1).
For these reasons, I would affirm the trial court’s refusal to set aside the stipulation.