Tinney v. Willingham

OPINION

LATTIMORE, Justice.

This is an appeal from an agreed judgment. In three points of error, appellant contends the judgment does not comport with the agreement reached by the parties, the trial court erroneously denied appellant a hearing on a motion for new trial, and there is no evidence to support the judgment. We hold that the trial court, by signing the judgment proposed by the appellees, altered the terms of the settlement agreement dictated into the record. Therefore, we reverse the judgment of the trial court and remand the case for a new trial.

This case originated when Christine…