Opinion
Record No. 1418-91-1
December 15, 1992
FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS RANDOLPH T. WEST, JUDGE.
Frederic L. Moschel (Cumming, Hatchett, Moschel Patrick, on brief), for appellant.
No brief or argument for appellee.
Present: Judges Baker, Barrow and Bray.
Argued at Norfolk, Virginia.
Pursuant to Code § 17-116.010 this opinion is not designated publication.
This appeal is from a final decree of divorce. The appellant, Grace Dean Taylor, contends that the trial court erred in entering the final decree because the parties had agreed not to seek a final decree until certain conditions had been met and that she did not "formally move for entry" of the decree because those conditions had not been met. We hold that the trial court did not err in entering the final decree.
The agreement between the parties did not purport to limit the authority of the trial court to enter a divorce. By its terms, the parties agreed "not to pursue the pending divorce litigation and obtain an divorce" until certain conditions had been met. This provision, even if binding on the parties, did not limit the trial court's jurisdiction or authority in the proceeding.See Seehorn v. Seehorn, 7 Va. App. 375, 383, 375 S.E.2d 7, 11 (1988). The agreement constrained only the action of the parties, not the action of the court. If one of the parties breached the agreement, other remedies are available. Id. Furthermore, the appellant is incorrect in asserting that she did not "formally move for entry of the final divorce decree." Her bill of complaint sought a divorce, and the final decree contains the endorsement of her counsel after the words "we ask for this." Therefore, the decree of divorce appealed from is affirmed.
Affirmed.