Summary
In Carter v. Strom, 41 Minn. 522, 43 N.W. 394; Johnson v. Dittes, 137 Minn. 175, 162 N.W. 1078, and other cases, the rule has been established that, where a contract which fixes a sum as liquidated damages for a breach thereof contains various stipulations the breach of which varies in character and importance, so that the damage for a breach necessarily varies according to which stipulation is violated, the sum fixed as damages is a penalty.
Summary of this case from Goodell v. Accumulative Income Corp.Opinion
No. 12-06-00029-CV
Opinion delivered May 10, 2006.
Appeal from the 173rd Judicial District Court of Henderson County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.
MEMORANDUM OPINION
Appellant, April Lynn Strom, perfected an appeal from a default judgment entered by the 173rd District Court of Henderson County, Texas in cause number 2004A-557. After the record was filed, Appellant and Appellee, Carter Robert Strom, filed an agreed motion to reverse and remand. In the motion, the parties state that, after reviewing the issues and obtaining advice of counsel, they agree that there appears to be error on the face of the record in that the trial court should not have changed Appellant's name without her request or consent. See TEX. FAM. CODE ANN. § 6.706(a) (Vernon 1998). The parties further state that they have entered into a settlement agreement which resolves all matters in dispute. Appellant and Appellee request that this Court reverse the judgment of the trial court entered on August 4, 2005 and remand for the entry of an agreed judgment.
The Court, having examined and fully considered the documents on file and the agreed motion, is of the opinion that the motion should be granted. Accordingly, the motion is granted, the judgment of the trial court is reversed , and the cause is remanded to the trial court for entry of an agreed judgment in accordance with the terms of the parties' settlement agreement.