## Facts

- A divorce decree named the children’s paternal grandmother as managing conservator and the parents as possessory conservators.
- The mother moved to modify the decree to obtain increased visitation.
- At a June 30, 1988 hearing, the mother, father, and managing conservator reached an agreement granting the mother standard visitation.
- The agreement was read into the record in open court, and each participant confirmed understanding and assent; the father stated he was agreeable.
- The trial judge stated that an order approving the agreement would be entered and the matter was treated as disposed.
- Months later, the mother moved to have the order entered.
- The day before the entry hearing, the father filed a response attempting to withdraw his consent.
- The trial court signed an order on January 18, 1989, reflecting the June 30 agreement and modifying visitation accordingly.

## Issues

1. Whether the father’s withdrawal of consent before the written order was signed prevented entry of an agreed judgment.
2. Whether the trial court orally rendered judgment at the June 30 hearing, making any later withdrawal of consent ineffective.

## Decision

- The court of appeals affirmed the modification order.
- The trial court orally rendered judgment on June 30, 1988, when it approved the agreement in open court and announced it would enter an order.
- Because rendition occurred on June 30, the father’s attempted withdrawal on January 17, 1989 was untimely.
- The later signing of the written order was a formal memorialization of the judgment already rendered.

## Legal Principles

- A party may withdraw consent to an agreed judgment any time before the trial court renders judgment.
- Rendition of judgment occurs when the court officially announces its present decision on the matters submitted; it may be oral and is distinct from the later signing of a written order.
- When a court renders judgment based on a settlement announced in open court, the agreement merges into the judgment, and continuing consent is not required to sign a written order accurately reflecting the rendered judgment.

## Conclusion

The court held that the trial court rendered judgment orally when it approved the parties’ visitation agreement in open court, so the father could not later revoke consent to block entry of the written modification order, and the visitation modification was affirmed.


Skidmore v. Glenn, 781 S.W.2d 672 (Tex. App.—Dallas 1989)