It serves as a waiver of all matters within the scope of that judgment. Levy v. Crawford, 33 Mass.App.Ct. 932, 933, 600 N.E.2d 597 (1992), citing Kacouris v. Loukas, 333 Mass. 44, 49, 127 N.E.2d 783 (1955). Young, 20 Mass. L. Rep. 154, at *2, 2005 WL 2864802, at *2.
A consent judgment, such as the one entered against the county in favor of Kelton, conclusively determines the rights of the parties as to all matters within its scope. See Fishman v. Alberts, 321 Mass. 280, 281 (1947) ("The great weight of authority supports the principle that [a consent judgment] is as binding and conclusive upon the parties as if it had been entered after a trial and a determination of all the issues"); Levy v. Crawford, 33 Mass. App. Ct. 932, 933 (1992) ("As a general proposition, an agreement for judgment serves as a waiver of all matters within the scope of that judgment"); Thibbitts v. Crowley, 405 Mass. 222, 227 (1989) (burden on party to modify consent judgment entered against it more formidable than had party litigated and lost). In addition, an agreement for judgment is a separate and valid contract whereby the parties make a "free, calculated and deliberate choice to submit to an agreed upon decree rather than seek a more favorable litigated judgment."
See L.B. Holding, Inc. v. University Bank & Trust Co., 406 Mass. 1002, 1002, 547 N.E.2d 313 (1989) (hearing appeal of summary judgment on liability even though agreement for judgment on damages entered after summary judgment on liability and was treated as final judgment in case). Cf. Levy v. Crawford, 33 Mass. App. Ct. 932, 933, 600 N.E.2d 597 (1992) (although agreement for judgment generally serves as waiver of all matters within scope of that judgment, where liability had been established by earlier summary judgment decision and agreement for judgment determined damages, appeal of prejudgment attachment not barred by agreement for judgment). 1. Enforcement of conservation restriction.
By entering into the agreement for judgment, the defendant waived any defenses he may have had regarding the validity of the foreclosure. See Levy v. Crawford, 33 Mass. App. Ct. 932, 933 (1992) ("As a general proposition, an agreement for judgment serves as a waiver of all matters within the scope of that judgment"). Accordingly, the agreement for judgment, which was reviewed and approved by a District Court judge, was a final judgment on the merits as to the defendant's claims.
Upon the parties' filing of their joint stipulation of dismissal, the dismissal became the final judgment in this case, Craft v. Kane, 51 Mass. App. Ct. 648, 651-652 (2001), akin to a consent judgment or agreement for judgment and fully binding on the parties and conclusive of their rights. Kelton Corp. v. County of Worcester, 426 Mass. 355, 359 (1997); Fishman v. Alberts, 321 Mass. 280, 281 (1947); Levy v. Crawford, 33 Mass. App. Ct. 932, 933 (1992). Generally, a court will not modify, or relieve a party from, a stipulated judgment.
It serves as a waiver of all matters within the scope of that judgment. Levy v. Crawford, 33 Mass.App.Ct. 932, 933 (1992), citing Kacouris v. Loukas, 333 Mass. 44, 49 (1955). This doctrine provides that whatever issues were raised in the pleadings by either party are considered to be within the agreement for judgment and will be precluded from further litigation regardless of whether the agreement for judgment specifically refers to those issues in the pleadings.
It serves as a waiver of all matters within the scope of that judgment. Levy v. Crawford, 33 Mass.App.Ct. 932, 933 (1992), citing Kacouris v. Loukas, 333 Mass. 44, 49 (1955). This doctrine provides that whatever issues were raised in the pleadings by either party are considered to be within the agreement for judgment and will be precluded from further litigation regardless of whether the agreement for judgment specifically refers to those issues in the pleadings.
Instead of seeking such a modification or award of attorney's fees, the husband elected to enter into an agreement for judgment in the Probate Court. Generally, an "agreement for judgment serves as a waiver of all matters within the scope of that judgment." Levy v. Crawford, 33 Mass. App. Ct. 932, 933 (1992). The judgment of divorce entered by the Probate Court on the basis of the husband and wife's agreement for judgment recites, in pertinent part: "The signed Agreement of the parties filed March 11, 1996 is fair and reasonable and not the product of fraud or coercion . . ."