Smith v. Woodard

JAMES K. PREWITT, Judge.

This appeal stems from a judgment entered in a collateral action to enforce a judgment. In the original lawsuit, Steve Woodard (hereinafter ‘Woodard”) filed an action against Richard and Beverly Smith (hereinafter “Smiths”) seeking a roadway easement across their property. On the eve of trial of that suit, Case No. CV293-001CC, the parties agreed upon a settlement and a record of the agreement was made before the trial court the following day, October 4, 1995. In that agreement, the Smiths granted a 16-foot-wide easement to Woodard for use as a roadway.

In early 1996,…