Tuesday, September 12, 2023

Approval of Judgments as to Form

 “[A] party’s approval of an order as to form is not consent to the substance of the order.”  In re Cauley, 437 S.W.3d 650, 658 (Tex. App. 2014).  “One who approves a judgment as to form does not thereby give up the right to appeal.  He simply indicates that the written judgment accurately sets forth the court’s ruling; he may disagree with that ruling and may want to appeal it.” Bexar Cnty. Crim. Dist. Attorney’s Off. v. Mayo, 773 S.W.2d 642, 644 (Tex. App. 1989) (citation omitted).  The Mississippi Court of Appeals  recognized this point in Klein v. McIntyre, 966 So. 2d 1252, 1256-57 (¶15) (Miss. Ct. App. 2007), holding that an order signed by counsel as “Approved as to Form Only” was not a consent judgment.  And in Beck v. Goodwin, 456 So. 2d 758, 759-60 (Miss. 1984), our Supreme Court held that an “agreed order” that is “approved as to form only” does not waive issues for appeal.

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