Higbee v. Higbee

SHARP, W., J.,

dissenting.

In this post-dissolution appeal, the former wife argues the trial court erred in refusing to vacate the parties’ property settlement agreement and the final dissolution judgment which incorporated that agreement. The wife entered into the property settlement agreement before the dissolution action was filed and without the benefit of discovery and independent counsel. In these circumstances, the agreement should have been evaluated under the standards set forth by the Florida Supreme Court in Casto v. Casto, 508 *971So.2d 330 (Fla.1987). Because the trial court failed to…