John D. McMahan v. Katherine C. McMahan

This matter finds its genesis in a divorce action filed by John D. McMahan ("Husband") against his wife, Katherine C. McMahan ("Wife"). The parties agreed to mediate their differences. At the time of the mediation, the parties ostensibly reached an agreement as to the division of their property and spousal support. Their agreement was reduced to longhand and, in that form, signed by both parties. Shortly after the mediation, Wife repudiated the writing, arguing that it was not a binding agreement because of (1) duress; (2) Wife's lack of mental capacity to enter into a contract; and (3) the parties' intention that the longhand document would be followed by a more formal document in which the parties would express their final agreement. Husband filed a motion to enforce the document in longhand form. The trial court granted Husband's motion, holding that the writing was a valid and enforceable contract. Wife appeals. Husband seeks damages for a frivolous appeal. We affirm the judgment of the trial court, but decline to award damages for a frivolous appeal.