KILPATRICK v. McLOUTH

No. 79-124.

392 So.2d 985 (1981)

Mary Ellen KILPATRICK, Formerly Known As Mary Ellen McLouth, Appellant, v. Malcolm E. McLOUTH, Appellee.

District Court of Appeal of Florida, Fifth District.

January 21, 1981.


Attorney(s) appearing for the Case

Henry J. Martocci, Cocoa, for appellant.

Walter T. Rose, Jr. of Rose & Weller, Cocoa Beach, for appellee.


FRANK D. UPCHURCH, Jr., Judge.

Appellant appeals from a summary final judgment denying her petition for modification of an alimony award.

The final judgment of dissolution of marriage incorporated a separation agreement executed by the parties. The agreement, which provided for an alimony award, specifically provided that the agreement was to be non-modifiable and that the wife waived or released any right to alimony modification. Wife contends that such a...

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