Herndon v. Herndon

Opinion of the Court by

Chief Justice LAMBERT.

Following the dissolution of their marriage, Appellant, William Herndon, and Appellee, Marcella Herndon (now Viers), entered into settlement negotiations. A purported settlement agreement emerged, but Appellant refused to sign the settlement document. The trial court adopted the agreement and incorporated it into the final order of the court. Thereafter, Appellant filed a CR 60.02 motion that was heard by the Domestic Relations Commissioner. On the Commissioner’s recommendation, the trial court overruled the motion. Prior to trial court action on…