Hawkins v. Ehler

The parties in this marital property case entered into a mediated settlement agreement (the agreement) that purported to settle all disputes between Terry Lynn Ehler, Appellee, and Robert Lee Hawkins, Appellant. After the parties signed the agreement, Appellee filed motions with the trial court in order to enforce it and to have the court rule on issues she claimed were outside of the agreement. The trial court ruled in favor of Appellee on the majority of the issues and awarded her attorneys fees. Appellant appeals raising seven points: 1-2) the decree of divorce and the trial courts conclusion of law number 10 were incorrect and erroneous as a matter of law because the parties had agreed to a consent judgment approving the agreement and because the trial court rendered judgment approving the entirety of the agreement; 3) the trial court erred in overruling Appellants motion for new trial, motion to modify the judgment, and motion to reform the judgment because the decree of divorce did not conform to the trial courts oral rendition of the judgment approving the entirety of the agreement; 4) findings of fact numbers 18 and 19 and conclusions of law 6, 7, 8, and 10 and all implied findings of the court below were erroneous as a matter of law or, in the alternative, against the great weight and preponderance of the evidence; 5) the trial courts conclusion of law number 10 was incorrect and erroneous as a matter of law because Appellant was the prevailing party at trial; 6)the trial courts conclusions of law numbers 8 and 10 were incorrect and erroneous as a matter of law because the court below was barred from holding Appellant in constructive contempt without adequate notice and a hearing; and 7) the trial courts findings of fact number 23 and conclusions of law number 11 and 12 were incorrect and erroneous as a matter of law because Appellants corrected special warranty deed did convey fee simple title to Appellee. We affirm.