GELFO v. GELFO

No. 66-613.

198 So.2d 353 (1967)

Charles GELFO, Appellant, v. Dorothy GELFO, Appellee.

District Court of Appeal of Florida. Third District.

May 2, 1967.


Attorney(s) appearing for the Case

Horton & Schwartz, Preddy, Haddad & Kutner, Miami, for appellant.

Quinton & Leib and Robert L. Parks, Miami, for appellee.

Before PEARSON, BARKDULL and SWANN, JJ.


PEARSON, Judge.

The controlling question on this appeal is whether a trial judge may, in a divorce proceeding, enforce an agreement between husband and wife as to a division of their property, and at the same time grant alimony where the agreement contains a paragraph purporting to be a waiver of that right.

The appellant and the appellee were married in 1946. In 1965 they entered into an agreement entitled "Separate Property Agreement." The last paragraph...

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