Member
| A judgment entered on the agreement of the parties cures all non-jurisdictional defects. See Minnick v. Rogers, 873 S.W.2d 420, 422 (Tex. App.--Tyler 1994, no writ). Thus, a party who asks the trial court to accept a settlement agreement and to enter judgment accordingly may not later attack that judgment. Casu v. Marathon Ref'g Co., 896 S.W.2d 388, 389 (Tex. App.--Houston [1st Dist.] 1995, writ denied). So, in order to preserve anything for appeal, a party who signs a judgment must specify that his agreement with the judgment is as to form, but not as to substance and outcome. First Nat'l Bank v. Fojtik, 775 S.W.2d 632, 633 (Tex. 1989). Taking all of that together, the answer seems to be to have the signature block for your agreed judgment provide "AGREED AS TO BOTH FORM AND SUBSTANCE".
Be careful to avoid inclusion of any provision reserving any right to appeal. See Three Thousand Six Hundred Thirty-Nine Dollars ($3,639.00) in U.S. Currency v. State, 133 S.W.3d 698, 700-02 (Tex. App.--Corpus Christi 2003, no pet.) (reversing agreed forfeiture judgment on service defect where claimant reserved right to appeal within judgment). |
| Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001 | ![Reply With Quote Reply With Quote](https://tdcaa.infopop.net/groupee_common/ver1.3.7.2147483647/platform_images/blank.gif) ![Edit or Delete Message Edit or Delete Message](https://tdcaa.infopop.net/groupee_common/ver1.3.7.2147483647/platform_images/blank.gif)
IP
|
|
Member
| I just saw this post. I emailed you some agreed orders that we use down here. |
| |