Missouri Court of Appeals, Eastern District / Apr 23, 2019
Thanhphuong Thi Nguyen, Appellant, vs. Dieng Nguyen, Respondent.
Wife appealed the trial court's judgment on her motion to enforce a separation agreement, which had been incorporated into their divorce decree. The agreement stipulated that if Husband failed to release Wife from mortgage obligations on certain properties, the properties would be sold. The trial court awarded Wife damages but refused to order the sale. The appellate court reversed, holding that the trial court improperly modified the binding separation agreement by substituting damages for the agreed-upon sale. The case was remanded for an order to sell the properties, and Wife was awarded attorney's fees on appeal.