Giddings v. Giddings

Appellee, Sharon Giddings, brought suit against her former husband, appellant, John Giddings, seeking damages for breach of an Agreement Incident to Divorce. Pursuant to a jury verdict rendered in response to special issues, the trial court awarded Mrs. Giddings $45,823 in damages, $12,750 in attorney’s fees and her costs of court. We will reverse the judgment and remand the cause with instructions.

The Agreement Incident to Divorce (the “Agreement”) which divided the estate of the parties was approved by the court and incorporated by reference into the decree of divorce. Section VII of the…