Latoyia S. Bailey Giddins, Wife v. Jabriel K. Giddins

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
LATOYIA S. BAILEY NOT FINAL UNTIL TIME EXPIRES TO
GIDDINS, Wife, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellant,
CASE NO. 1D14-0653
v.
JABRIEL K. GIDDINS,
Husband,
Appellee.
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Opinion filed November 6, 2014.
An appeal from the Circuit Court for Leon County.
Nina Ashenafi Richardson, Judge.
Gena D. Wagner and Patricia B. Fournier of Fournier, Norris & Wagner, PL,
Tallahassee, for Appellant.
Carolyn D. Cummings of Carolyn Cummings, P.A., Tallahassee, for Appellee.
WOLF, J.
Appellant, the former wife, challenges the trial court’s final order of
dissolution of marriage in which the court adopted and incorporated the parties’
marital settlement agreement. Appellant argues the court erred in entering the final
order over her objection and pending motion to set aside the marital settlement
agreement, without first giving her the opportunity to be heard and present
evidence. We agree. The trial court should have either permitted appellant to
present argument and evidence contesting the adoption of the marital settlement
agreement during the hearing on the former husband’s petition for dissolution of
marriage, or alternatively, the court should have deferred entering a final judgment
until a hearing on appellant’s motion to set aside the marital settlement agreement
had been held. “‘Due process requires that a party be given the opportunity to be
heard and to testify and call witnesses on his behalf, . . . and the denial of this right
is fundamental error.’” Slotnick v. Slotnick, 891 So. 2d 1086, 1088 (Fla. 4th DCA
2004) (quoting Pettry v. Pettry, 706 So. 2d 107, 108 (Fla. 5th DCA 1998)). Thus,
we reverse the final order of dissolution of marriage and remand for further
proceedings. Because we reverse, we find it unnecessary to address the second
issue raised by appellant.
REVERSED and REMANDED.
ROWE and OSTERHAUS, JJ., CONCUR.
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