Brim v. Lewis

Under ORCP 67 F, after an action is commenced, a judgment may be given upon stipulation that may be in writing signed by the parties, their attorneys, or their authorized representatives; or otherwise assented to by all parties in open court.

Defendant appealed a final judgment operating as a settlement agreement. Defendant assigned error to the trial court's "entry of the judgment. . . over her objection." Defendant argued that (1) the terms of the settlement varied from the terms on record, (2) that the judgment was materially different as a result of expanding the universe of prohibited third-party communications, and (3) that the parties did not stipulate to the materially different terms or assent to the terms. In response, Plaintiff argues that the judgment that the court entered accurately reflects the agreed terms. Under ORCP 67 F, after an action is commenced, a judgment may be given upon stipulation that may be in writing signed by the parties, their attorneys, or their authorized representatives; or otherwise assented to by all parties in open court. The Court held the trial court overstepped its authority by entering the judgment in its current form because the terms of the settlement agreement in the judgment varied materially from the terms that Defendant assented to in open court. Reversed and remanded.