Wierwille v. Wierwille

William B. Beown, J..

The question presented is whether the separation agreement which was incorporated by reference in the trial court’s decree but not actually filed with the decree could be enforced by the trial court where the separation agreement was placed in evidence by stipulation of the parties on the motion for enforcement of its provisions.

The Court of Appeals held that failure to attach a copy of the agreement “* * * not already a part of the pleadings * * * and not otherwise a matter of public record * * * [made] the attempt * * * to incorporate that material in the journal entry…