Ruth M. SPENCER, Appellant, v. James M. SPENCER, Appellee, 242 So. 2d 786

Summary

Prior to divorce proceedings, appellant ex-wife and appellee ex-husband entered into an agreement that included child support, alimony, and certain property provisions. Nonetheless, the final judgment of divorce provided for a lesser monthly amount for alimony. Appellant sought review and argued that the trial court modified the property settlement contrary to Fla. Stat. ch. 61.14. The court found that the trial court, in its discretion, was not bound by the alimony provisions of the written agreement. Despite the finding, the court reversed the judgment, in part, because other errors were committed that warranted a new trial. The court reversed the denial of appellant's motion to compel because appellant's deposition questions were reasonably calculated to lead to the discovery of admissible evidence per Fla. R. Civ. P. 1.280(b). The refusal to admit testimony by appellant's adult child was reversed because testimony of adult children in a divorce action had to be admitted, if ...