Buckner v. Buckner
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The Supreme Court granted appellant Angela Buckner's (Wife) application for discretionary review of the trial court's order denying her motion to set aside the consent final judgment of divorce filed by appellee Mark Buckner (Husband) and denying her motion to rescind or reform the settlement agreement the parties signed. The parties appeared for a final hearing on their divorce proceeding but continued to negotiate in an attempt to reach a settlement. On that day, the parties memorialized an agreement by using a letter that had been prepared by Husband’s counsel as a prior settlement offer and modifying it with handwritten notations in the margins and handwritten terms on additional pages. The document was then signed by both parties and their counsel, and counsel announced to the court that the parties had reached an agreement and executed a settlement memorandum. The settlement document was filed with the clerk but not read into the record. Wife would later file a motion to set aside the terms of the settlement memorandum on the ground that the order was signed by mutual mistake, and did not represent a meeting of the minds. After a hearing, the trial court denied the motion. Upon review of the matter, the Supreme Court affirmed that part of the trial court’s order that denied Wife’s motion to set aside the settlement agreement, but reversed the trial court in denying her motion to set aside the "Consent Final Judgment and Decree." The Court also vacated the final judgment. The case was remanded for further proceedings.
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