Brittany Hunter v. Charles Moore, Sr.

Summary

The Supreme Court of Missouri affirmed, as modified, a trial court judgment reforming a settlement agreement made under section 537.065. The Court held that substantial evidence supported reformation based on mutual mistake regarding terms requiring the defendant to prevent his insurer from controlling the defense and to cooperate in an uncontested hearing on liability and damages. The judgment was modified to remove the alternative requirement that the defendant agree to a consent judgment.

Holdings

1. A written instrument may be reformed when clear, cogent, and convincing evidence establishes an actual preexisting agreement and a mutual mistake caused the writing to omit terms reflecting the parties' true intentions; the record contained substantial evidence supporting that finding here.
2. The judgment was properly modified to require Moore to cooperate by having an uncontested hearing on liability and damages, rather than by either agreeing to a consent judgment or having such a hearing.

Questions Presented

1. Whether substantial evidence supported reformation of the written settlement agreement based on a mutual mistake that caused the writing to omit terms previously agreed upon by the parties.
2. Whether the judgment should be modified because both parties agreed that they never intended Moore to enter a consent judgment.

Disposition

affirmed