Tidwell v. Tidwell

The wife appeals from a trial court order enforcing an oral separation agreement and from the denial of her motion to set aside the purported agreement. We hold that an order enforcing such an agreement prior to the entry of a judgment of divorce is not a final judgment which can support an appeal. We therefore dismiss the appeal as premature.

The facts material to our dismissal of the appeal can be summarized as follows: Billy Joe Tidwell (husband) sued Mae W. Tidwell (wife) for divorce; she answered and counterclaimed for divorce. On the day set for trial, the parties and counsel met to…