BKA Holding, LLC v. Sam

Defendants entered into an agreed order with their landlord, the defendant, agreeing to terms to vacate their rental property to avoid having an eviction judgment entered. On defendant’s motion the trial court entered both the agreed order and a judgment of possession. The trial court then denied the defendant’s motion to vacate the judgment and defendants appealed. The appellate court vacated the judgment of possession, finding that based on the agreement between the parties there was no legal justification for the entry of the eviction judgment. (HUTCHINSON and KENNEDY, concurring)