Wells v. Wells
Wells v. Wells
Opinion of the Court
This is a petition for writ of certiorari filed by Carol Paris Wells in which she seeks to have an order of the trial court quashed. We grant the petition and quash the order of the trial court directing Carol Wells to change a provision in her will.
Carol Wells and her ex-husband are involved in litigation concerning an office building. Carol Wells filed a motion for partial summary judgment which was denied by the trial court. At the end of the hearing, the ex-husband, Dwight M. Wells, orally requested that Carol Wells be required to change the provision in her will that pertains to the office building to comply with the marital settlement agreement. Over the objection of Carol Wells, the court directed her to change her will to comply with the settlement agreement within ten days.
Due process requires that a party receive notice and an opportunity to be heard prior to entry of an order that affects her interests. See Hully v. Hully, 653 So.2d 1138 (Fla. 2d DCA 1995). Al
The order of the trial court is quashed and this case is remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.