Ashworth v. Busby

Sears, Justice.

Appellee filed a petition in the trial court seeking to modify his permanent alimony obligations to appellant. Appellant filed a motion for summary judgment, in which she argued that appellee had waived his right to seek such modification. The trial court denied appellant’s request for summary judgment, and this Court granted her discretionary application. Finding that the parties’ settlement agreement contains a clear and express waiver of the right to seek a modification of alimony, we reverse.

In October 1984, the parties entered into a settlement agreement that purported to…