Melissa Lynn Priddy v. Rob Alan Priddy

Huntsville, Texas family law represented the parties in a divorce.<br>
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After more than twenty years of marriage, Melissa filed for divorce, and Rob filed a counter petition. The parties attended mediation and signed a mediated settlement agreement which included the division of their marital estate. Of significance to this dispute, Rob was awarded one hundred percent of his 401k account. Additionally, the agreement included the following statement:<br>
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Wife acknowledges that Husband is not a co-maker of the purported Promissory Note dated February 10, 2023 and that any liability under that document shall be her sole and separate obligation. Wife shall indemnify and hold Husband and his property harmless from the failure to satisfy such Promissory Note. <br>
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Melissa obtained new counsel and filed a motion to set aside the mediated settlement agreement, asserting that she was threatened and forced to sign the agreement. Specifically, she claimed Rob threatened to file criminal charges against her if she did not sign. The trial court held a hearing and denied the motion.<br>
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Legal issue Can a mediated settlement agreement be set aside on the basis of duress due to alleged threats of criminal prosecution?<br>
Headnote<br>
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FAMILY LAW. MEDIATED SETTLEMENT AGREEMENT. The case examines whether a trial court abused its discretion in refusing to set aside a mediated settlement agreement in a divorce proceeding, where the appellant claimed she signed the agreement under duress due to alleged threats of criminal prosecution.<br>
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FAMILY LAW. DURESS IN CONTRACTUAL AGREEMENTS. The court evaluated the evidence of purported threats that constituted duress and assessed the credibility of testimonies to determine if there was an improper use of the criminal justice process, ultimately upholding the trial court's decision.<br>
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Key Phrases Agreed final decree. Mediated settlement agreement. Motion to set aside. Criminal fraud charges. Promissory note. <br>
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Affirmed