From Casetext: Smarter Legal Research

Cheffey v. Cheffey

Missouri Court of Appeals, Southern District, Division Two
Dec 31, 1991
821 S.W.2d 124 (Mo. Ct. App. 1991)

Opinion

No. 17315.

December 31, 1991.

APPEAL FROM THE CIRCUIT COURT, CHRISTIAN COUNTY, JAMES L. EIFFERT, J.

Marion Ann Reynolds, Springfield, for respondent-appellant.

Bruce McCurry, Dickey, Allemann, Chaney McCurry, Springfield, for petitioner-respondent.


Appellant Richard Cheffey seeks to appeal from a judgment entered by the trial court on November 6, 1990. Respondent has filed a meritorious motion to dismiss the appeal. The judgment was entered pursuant to the agreement of the parties. This appeal is dismissed for lack of jurisdiction.

A judgment entered pursuant to an agreement of the parties is not a judicial determination of rights and cannot be appealed. Shafer v. Auto. Club Inter-Ins. Exchange, 778 S.W.2d 395, 400[5] (Mo.App. 1989); Roberts v. Roberts, 515 S.W.2d 805, 806[2] (Mo.App. 1974); State ex rel. Fletcher v. New Amsterdam Cas. Co., 430 S.W.2d 642, 645[7,8] (Mo.App. 1968); Foger v. Johnson, 362 S.W.2d 763, 764-765[2] (Mo.App. 1962). A party is estopped or waives his right to appeal when a judgment is entered at his request. State ex rel. Fletcher v. New Amsterdam Cas. Co., supra, at 645.

Appeal dismissed.

All concur.


Summaries of

Cheffey v. Cheffey

Missouri Court of Appeals, Southern District, Division Two
Dec 31, 1991
821 S.W.2d 124 (Mo. Ct. App. 1991)
Case details for

Cheffey v. Cheffey

Case Details

Full title:NANCY CHEFFEY, PETITIONER-RESPONDENT, v. RICHARD CHEFFEY…

Court:Missouri Court of Appeals, Southern District, Division Two

Date published: Dec 31, 1991

Citations

821 S.W.2d 124 (Mo. Ct. App. 1991)

Citing Cases

Segar v. Segar

A judgment entered pursuant to an agreement of the parties is not a judicial determination of rights and…

In the Interest of A.H

Parties are estopped or waive their right to appeal under § 512.020 when a judgment is entered at their…