Ellis v. Ellis

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 *746pleadings to pray for divorce instead of separate maintenance.

Almost three years have elapsed. The trial court has faithfully withheld adjudication. The husband has largely performed and…