ELLIS v. ELLIS

No. 70-596.

242 So.2d 745 (1971)

Uzelle ELLIS, Appellant, v. Haybe ELLIS, Appellee.

District Court of Appeal of Florida, Fourth District.

January 8, 1971.


Attorney(s) appearing for the Case

Ellen S. Mills, of Kirsch & Druck, Fort Lauderdale, for appellant.

John D. Mendez, of Mendez, Shaw, Marko, Stephany & Lyons, Fort Lauderdale, for appellee.


WALDEN, Judge.

This is a case of putting the cart before the horse. Reversible error resulted.

Wife sued for separate maintenance. Husband counterclaimed for divorce. Final hearing was concluded in January 1968. Counsel stipulated that the court would withhold adjudication until the husband had fully performed a comprehensive property settlement agreement at which time the wife would come forward and amend her pleadings...

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