Kelley v. Pirtle

OPINION

CORNELIUS, Justice.

D.L. Kelley appeals from a judgment based on a settlement agreement. Kelley repudiated the settlement agreement before judgment was reduced to writing and entered of record. The dispositive issue on appeal is whether the trial court rendered judgment orally in open court after the settlement agreement had been dictated into the record and before it was repudiated. We conclude that he did render judgment at that time and will affirm the judgment.

The underlying dispute was whether a road on Kelley’s land was a private road or a public road. Kelley contended that the…