How do you deal with the potential for appeal when drafting and agreed judgment on an asset forfeiture? I normally just put in there that Defendant won't get any part of money or cars, etc. back for 30 days. That way I don't have to worry about getting assets back if they decide to appeal and drag things out. Would it be better/easier to just put into the agreed J that the parties waive appeal?

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).

Thank You for your help. Working in a small office means having to figure out everything -- I'm lucky I have this forum!

I just saw this post. I emailed you some agreed orders that we use down here.