Wednesday, November 6, 2013
Settlement Maybe??
I think everyone has had a case where the parties settle the morning of trial and then the devil gets in the details. The latest example of this is Sanford v. Sanford decided by the Mississippi Supreme Court last week located here. The main issue in the case is that the parties had an agreement, changed their mind, agreed to let the court decide one or more issues, and then changed their mind again. Ultimately, the Mississippi Supreme Court found that since neither party filed the proper consents under 93-5-2 under any section of the statute, the parties had no agreement and sent the matter back to the trial court with the parties still being legally married. From reading the opinion, there was also a Writ of Habeas filed when the trial court put one party in jail for failure to execute the settlement agreement which the Supreme Court granted. This is an opinion to print and file away somewhere.
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