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Hudson v. Godowns

The parties did not reach an enforceable agreement in the stipulated order since they had different interpretations of the boundary line location on the plat; therefore, there was no meeting of the minds.

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Following a bench trial, Brenda M. Hudson appeals the final order and judgment in this boundary line and trespass case. She contends that the trial court erred in finding an ambiguity in the parties’ initial settlement agreement, that the court’s order accepting the agreement was final and could not be modified outside that term of court in which it had been entered, and that the court erred in its factual determination of where the boundary line was located. For the reasons that follow, we affirm the order.

Hudson filed a complaint against neighboring property owners Ricky Godowns and Belinda Sheram collectively, “Godowns”, seeking an injunction and to have the boundary line between the properties established. She contended that Godowns had trespassed on her land and removed timber, for which she sought damages, and had been stubbornly litigious. After Godowns was served, the parties appeared in court for a hearing on the injunction and reached an apparent agreement, stipulating certain facts in open court that were reduced to a written order the “Stipulated Order”. The parties agreed that the boundary line between their properties was as depicted on a certain plat, and Godowns renounced any claim to land south of the line “with bearing of N 69 degrees 07 minutes 05 seconds E on the plat.” The parties also agreed to each appoint a registered forester to determine if Godowns had cut any trees on Hudson’s land, and if so, their monetary value. If the foresters disagreed on the value of the trees, the trial court without a jury would determine damages and the issue of litigation costs.

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