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535 So. 2d 187

McGriff v. McGriff

Court of Civil Appeals of Alabama

Decided October 19, 1988

Court of Civil Appeals of Alabama · decided 1988-10-19

Cited by 2 later decisions — most recently April 2007

2 state decisions

Relies on Western Grain Company Cases · Porter v. Porter · 332 So. 2d 722 - Brocato v. Brocato

Good law ✅— No negative treatment on recordhow we know

Decided 1988-10-19

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HOLMES, Judge.

¶1This is a divorce case.

¶2The wife appeals, contending that the trial court committed reversible error in allowing certain recorded telephone conversations to be admitted into evidence.

¶3The record reveals that during the trial the parties reached an agreement as to the disposition of the issues. The trial judge stated, “they want to abort the trial and read it into the record.”

¶4The agreement was read into the record, and a judgment by the trial court was entered pursuant to the agreement.

¶5The following found in Porter v. Porter, 441 So.2d 921, 923 (Ala.Civ.App.1983), is dispositive of this appeal:

“An agreement reached in settlement of litigation is as binding on the parties as any other contract. Brocato v. Brocato, 332 So.2d 722 (Ala.1976). Moreover, there is a strong policy of law favoring compromises and settlements of litigation, especially in suits involving families, since the honor and peace of the family is often at stake. Western Grain Company Cases, 264 Ala. 145, 85 So.2d 395 (1955). If a party could repudiate an oral agreement which was stated in open court and orally approved by the court, it would inevitably have a chilling effect upon all settlements made the day of a trial, which is an effect clearly contrary to established policy favoring settlement among litigants.”

¶6In effect, the wife, by attempting to have the case reversed for a prior evidentiary ruling by the trial court, is attempting to repudiate her agreement. This is not permitted in this instance.

¶7Furthermore, consent decrees are generally not reviewable. 2 Ala. Digest, Appeal & Error, Key No. 125 (1982).

¶8In any event, this case is due to be affirmed.

¶9AFFIRMED.

BRADLEY, P.J., and INGRAM, J., concur.
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