Formby's KOA v. BHP Water Supply Corp.

HECHT, Justice.

Our decision in this case turns on whether appellant Formby’s KOA withdrew its consent to an agreement announced by the parties on the record in open court and noted on the docket sheet, before judgment was rendered on the agreement. We hold that it did, and consequently, reverse the judgment and remand the case to the district court.

After this case was called for trial, appel-lee BHP Water Supply Corporation’s attorney announced to the court:

Your Honor, the BHP Water Supply Company, through its attorney, announces that we believe that a tentative agreement has been reached,…