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A stipulated judgment or consent judgment is “[a] settlement that becomes a court judgment when the judge sanctions it. In effect, a consent judgment is merely a contract acknowledged in open court and ordered to be recorded, but it binds the parties as fully as other judgments…Also termed agreed judgment; stipulated judgment; judgment by consent.” (Judgment, Black's Law Dictionary, 11th ed. 2019, available at Westlaw.)
Code of Civil Procedure § 664.6 authorizes the Court to enforce a settlement agreement when the parties have signed a written agreement or the parties have orally stipulated to the settlement agreement in a Court proceeding. This allows the Court to enter a judgment pursuant to the terms of the settlement. “§ 664.6 was enacted to provide a summary procedure for specifically…”
“[A] stipulated final judgment may be set aside based on a mistake but not ‘when the mistake is the result of the party's own negligence and lack of foresight.’” (Eagle FL VI SPE, LLC v. T & A Family Partnership, Ltd. (2015) 177 So. 3d 1277, 1280 citing Limehouse v. Smith (2001) 797 So.2d 15, 17.) Indeed, “[i]t is never the role of the trial court to…”
“An agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party unless it is in a writing subscribed by him or his attorney or reduced to the form of an order and entered.” (Civ. Prac. Law & Rules, § 2104; Diarassouba v. Urban, 71 A.D.3d 51, 57, 892 [2nd Dept. 2009].) Strict enforcement of such stipulated (or consent) judgments “not only serves the interest of…”
Stipulated judgments, more commonly referred to as a consent judgment in Texas, occur where the court renders a judgment that contains all agreed upon terms of the parties arrived after negotiation. (McPherren v. McPherren, 967 S.W.2d 485 (Tex. App. 1998).) The main objective of a consent judgment is to terminate all or part of litigation. (Vickrey v. Am. Youth Camps, Inc., 532 S.W.2d 292, 292 (Tex. 1976).) A final judgment of the trial court must be made with strict…
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