From Casetext: Smarter Legal Research

Strawhun v. Strawhun

Missouri Court of Appeals, Southern District
Jun 10, 2005
164 S.W.3d 536 (Mo. Ct. App. 2005)

Opinion

No. 26266.

June 10, 2005.

Appeal from the Circuit Court of Christian County; Mark Orr, Associate Circuit Judge.

Robert D. McGee, Springfield, for appellant.

Lee E. Poppen, Lathrop Gage, Springfield, MO, for respondent.


Jeffrey Harlan Strawhun, appellant, seeks to appeal a judgment entered in an action for dissolution of marriage in which, as trial progressed, the parties announced they had reached an agreed disposition of all pending issues. The terms of the parties' agreement was read into the record. Each party testified that they agreed to the terms that were presented to the trial court. Additionally, appellant testified that he understood by entering into the agreement, he was waiving any right to future trials and his right to appeal. Thereafter, the trial court approved the settlement and entered a "Judgment and Decree of Dissolution of Marriage" and, subsequently, an "Amended Judgment and Decree of Dissolution of Marriage." As explained in Marquez v. Marquez, 136 S.W.3d 574 (Mo.App. 2004), the appeal must be dismissed.

Marquez explains:

In Missouri, the right to appeal is statutory. Segar v. Segar, 50 S.W.3d 844, 846 (Mo.App. 2001). For most civil actions, the right to appeal to [sic] is granted to "[a]ny party to a suit aggrieved by any judgment of any trial court. . . ." § 512.020 [RSMo 2000] (emphasis added). "A party is not aggrieved by a judgment entered pursuant to a voluntary settlement agreement." Segar, 50 S.W.3d at 847. "`Parties are estopped or waive their right to appeal under section 512.020 when a judgment is entered at their request.'" In re Marriage of Echessa, 74 S.W.3d 802, 805 (Mo.App. 2002) (quoting In Interest of A.H., 963 S.W.2d 374, 377 (Mo.App. 1998)). "`This follows because a judgment entered pursuant to an agreement of the parties is not a judicial determination of rights.'" Id. (quoting A.H., 963 S.W.2d at 377). [Footnote omitted.]

Id. at 578. Rule 74.06, under circumstances stated in that rule, addresses the remedy for a party who believes a mistake was made in the entry of a judgment.

The appeal is dismissed.

SHRUM and BARNEY, JJ., concur.


Summaries of

Strawhun v. Strawhun

Missouri Court of Appeals, Southern District
Jun 10, 2005
164 S.W.3d 536 (Mo. Ct. App. 2005)
Case details for

Strawhun v. Strawhun

Case Details

Full title:Lori Ann STRAWHUN, Respondent, v. Jeffrey Harlan STRAWHUN, Appellant

Court:Missouri Court of Appeals, Southern District

Date published: Jun 10, 2005

Citations

164 S.W.3d 536 (Mo. Ct. App. 2005)

Citing Cases

Meyers v. Johnson

See Briss v. Consolidated Cabs, Inc., 295 S.W.2d 391, 392 (Mo.App. 1956). In this state, the right to appeal…

In re the Marriage of Agnes J. Miller and Jeffrey L. Milleragnes J. Miller

A party is estopped from appealing a judgment entered at his request. Strawhun v. Strawhun, 164 S.W.3d 536…