Herring v. Herring

DAVIS, Judge.

James Dallas Herring (“Defendant”) appeals from the trial court’s order denying his motion to set aside a separation agreement entered into by him and his former wife. The issue before us is whether the separation agreement should be rescinded based on the ground of mutual mistake. After careful review, we affirm the trial court’s order.

Factual Background

Judith Teel Herring (“Plaintiff’) and Defendant were married on 27 April 1985 and separated on 21 June 1998. On 11 May 2007, the parties executed a separation agreement (“Separation Agreement”) to “confirm their separation and…