Herman v. Herman

Alan Herman appeals an order modifying the amended final judgment in a dissolution of marriage proceeding. For the following reason, we reverse and remand.

Alan Herman [husband] and Marilyn Herman [wife] were divorced in 1989 following a thirty-three-year marriage. The amended final judgment of dissolution awarded the wife’s interest in the husband’s civil service retirement annuity to the husband. The wife filed two motions for rehearing, both of which were denied. Subsequently, the wife appeared before the trial court ex parte and moved to modify that portion of the amended final judgment…