Bovard

Robert Bovard appeals from the judgment dismissing his supplemental complaint against defendants, American Horse Enterprises, Inc., and James T. Ralph. Bovard contends the trial court erroneously concluded the contract upon which his action was founded was illegal and void as contrary to public policy; alternatively, he contends it is the law of the case that the contract does not violate public policy. Ralph cross-appeals, challenging the trial court’s postjudgment order striking his memo randum of costs and taxing costs. We shall affirm the judgment and post-judgment order.

I

This is the second appeal in this case. Our unpublished opinion disposing of the first appeal sets out much of the relevant procedural history of this dispute:

In our opinion reversing the denial of the motion to vacate the judgment, we noted, “Beneath the pleadings there lurks an aroma of the avoidance of a debt validly owed.” We suggested that on remand, Bovard might file a supplemental complaint alleging a cause of action based on an agreement to settle. Bovard followed our suggestion and, on October 31, 1983, filed a supplemental complaint.

The trial court severed the supplemental complaint…