Berry v. Berry

Undercofder, Justice.

Mary K. Berry filed an action for divorce against James H. Berry. She prayed for a divorce, temporary and permanent alimony, attorney fees and general relief. On February 12, 1969, the parties entered into an agreement settling “all matters with respect to alimony . . . property and any and all rights between the parties which they could appropriately settle in said case.” On March 3, 1969, the trial judge entered an order “before the final judgment and decree” awarding fees to the plaintiff’s attorney. The agreement of the parties was incorporated into and made a part of…