Cheffey v. Cheffey

Missouri Court of Appeals

Cheffey v. Cheffey

821 S.W.2d 124, 1991 Mo. App. LEXIS 1931, 1991 WL 276714

CourtMissouri Court of Appeals

DecidedDecember 31, 1991

DocketNo. 17315

StatusPublished

Cited by8 cases

This text of 821 S.W.2d 124 (Cheffey v. Cheffey) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cheffey v. Cheffey, 821 S.W.2d 124, 1991 Mo. App. LEXIS 1931, 1991 WL 276714 (Mo. Ct. App. 1991).

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Opinion

PER CURIAM.

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 Cos. 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.

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PER CURIAM.

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 Cos. 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.

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Bluebook (online)

821 S.W.2d 124, 1991 Mo. App. LEXIS 1931, 1991 WL 276714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheffey-v-cheffey-moctapp-1991.

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