In Re Estate of Clarke

I am unable to concur.

The primary grounds established by the majority opinion for reversal of the trial court concern the validity and existence of the judgment purportedly given on January 30, 1973. The foundation of my dissent is that I think the record is sufficient to support the trial judge’s conclusion that the parties sought and obtained on January 30 an agreed judgment despite the lack of formalizing it at that time by the judge’s words in open court or by written journal entry. Had the parties been negotiating an agreement merely, there would have been no occasion for the judge to…