Boswell v. Boswell

In this divorce action, Tiffany Boswell appeals a non-final order granting appel-lees’ motion to strike her motion for temporary relief. The trial court granted the motion to strike based on a prior agreement between the parties, which purportedly was non-modifiable and had settled all pre-trial temporary relief issues. Im her motion for temporary relief, appellant alleged legal and equitable grounds upon which to challenge the prior agreement. We reverse.

We find that the trial court erred in granting the motion to strike without affording appellant an evidentiary hearing to attempt to prove…