FAMILY LAW: TRIAL COURT VIOLATED DUE PROCESS OF LAW BY ADOPTING AND INCORPORATING MARITAL SETTLEMENT AGREEMENT IN ITS FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE BECAUSE WIFE OBJECTED, HAD A PENDING MOTION TO SET ASIDE THE MARITAL SETTLEMENT AGREEMENT, AND WAS NOT GIVEN OPPORTUNITY TO BE HEARD AND PRESENT EVIDENCE

Giddins v. Giddins, ___ So. 3d ___, 39 Fla. L. Weekly D2325 (Fla. 1st DCA November 6, 2014)

The appellate court reversed a final judgment of dissolution of marriage, which adopted and incorporated the marital settlement agreement, because the wife objected to the agreement, had a pending motion to set it aside, and was not given “the opportunity to be heard and present evidence.”