I.

WHETHER THE TRIAL COURTS REFUSAL TO SET ASIDE OR VACATE THE AGREED ORDER WAS AN ABUSE OF DISCRETION, WHERE THE ORDER WAS ENTERED WITHOUT PROOF OF AN AGREEMENT OR CONSENT

Tenn. R. Civ. Proc. Rule 58, sets out the requirements necessary to file entry of a judgment. The most common and effective way of determining consent if by the signatures of the parties. Rule 58(3) further allows for a judgment to be entered when it contains the signature of the judge or judge and counsel with a certificate of counsel that a copy of the order has been served on all other parties or counsel. Id. By definition, a judgment is the decision of the court. A judgment can be entered by the signatures of the judge and counsel upon service of all the parties. A judgment is typically given when the matter was heard in open court and is on the record.

In the case at hand, Appellee entered an agreed order with the signature of the Judge and Appellee's counsel. The terms of the agreement were announced in open court and accepted by both parties in open court. Pursuant to Rule 58(3) of the Tennessee Rules of Civil Procedure the Order was entered with the signature of the Judge and counsel for the Appellee. Tennessee Courts uniformly hold that if the terms of a settlement are announced to the court or memorialized in a signed, enforceable contract, a judgment may be entered thereon, even if one party later repudiates. See Barnes v. Barnes, 193 S.W.3d 495; Persada v. Persada, 2002 Tenn. App. LEXIS 952. In this case the terms of the agreement were announced to the court and by the court thus a judgment may be entered thereon, even if the Appellant later repudiated.

Much of the case law surrounding entry of judgment after repudiation deals with cases in which the judge knew prior to entry of the judgment that a party had repudiated. See Reifer v. Reifer, 2007 Tenn. App. LEXIS 450. As the Supreme Court stated in Harbour, The resolution of disputes by

agreement of the parties is to be encouraged. But a valid consent judgment cannot be entered by a court when one party withdraws his consent and this fact is communicated to the court prior to entry of the judgment. Harbour, 27 S.W.3d 530 at 535. In the present case the judge nor the Appellee was aware of a repudiation prior to entry of the judgment.