Parker v. Parker

SMITH, Chief Judge.

Appellant appeals a summary final judgment refusing to modify the parties’ separation agreement. We reverse.

Relying on Pusey v. Pusey, 386 So. 2d 269 (Fla. 3d DCA 1980), the trial court construed paragraph 13(d) of the separation agreement as precluding the wife from seeking modification of another provision in paragraph 5 of the agreement. Paragraph 13(d) provides in pertinent part:

Each understands and agrees that this agreement constitutes the entire contract of the parties.... No modifications of any of the terms shall be valid unless in writing and executed by the same…