Howeth v. Coffelt

Joseph and Monique Howeth’s home shared a driveway with their neighbor Tina Coffelt’s. After the parties were unable to amicably share the driveway in accordance with an easement governing its use, the Howeths sued Coffelt, seeking injunctive relief. The parties ultimately reached a settlement agreement, which included a stipulation to the entry of judgment to resolve the lawsuit. The agreement also purported to allow the parties to seek a $1,000 fine in court if the other neighbor refused to comply with the agreement. When Coffelt allegedly began to ignore the agreement's restrictions on the use of the driveway, the Howeths filed a postjudgment motion seeking an "interim judgment" awarding them $12,000 in fines, plus attorney fees. The trial court denied the motion, finding that it did not have continuing jurisdiction to consider the motion and directed the Howeths to file a new lawsuit for breach of contract. The Howeths appealed, arguing the trial court had continuing jurisdiction to enforce the stipulated judgment and erred in denying the motion. The Court of Appeal concluded the judgment at issue here was a consent judgment, entered pursuant to a settlement agreement and a stipulation for judgment based on that agreement. Consent judgments are not appealable. The Court of Appeal determined that the Howeths did not attempt to enforce the judgment that resulted from the agreement between the parties, instead seeking to determine whether Coffelt had breached the agreement. Thus, the Court surmised, the order denying the Howeths’ motion was not appealable after judgment, and the appeal had to be dismissed. View "Howeth v. Coffelt" on Justia Law