Posted by Nydia Streets of Streets Law in Florida Divorce

What happens if there is a mistake in your Florida final judgment of divorce? It depends on if the mistake is mutual, meaning both parties agree and understand there was a mistake in the judgment. This was an issue in the case Ware v. Ware, 5D2023-0282 (Fla. 5th DCA June 14, 2024).

In this divorce case, prior to trial, the parties entered a stipulation stating each would keep their respective vehicles. The stipulation did not describe the vehicles and at trial no evidence was presented as to which vehicle was being assigned to which spouse. The final judgment awarded the former wife sole ownership of a 2005 Mercedes and the former husband a 2010 Mercedes. Six weeks after entry of the final judgment, the former wife filed a motion to set it aside based on mistake. She alleged the 2010 Mercedes actually belonged to her, and that the parties no longer owned the 2005 Mercedes. The former husband disputed this and alleged the 2010 Mercedes belonged to him. After a hearing on the motion, the trial court granted the former wife’s motion and the former husband appealed.

The appellate court first noted “A mutual mistake occurs when ‘the parties agree to one thing and then, due to either a scrivener’s error or inadvertence, express something different in the written instrument.’ [internal citation omitted.” The court went on “Here, the parties’ stipulation provided that ‘each party shall keep their own vehicle.’ The parties agreed, and the trial court’s notes reflected, that no evidence was presented regarding the vehicles at the final hearing on the petition for dissolution of marriage. At the hearing on Former Wife’s motion for relief, the parties’ testimonies contradicted each other. [. . .] Thus, the trial court’s finding that the mistake was mutual is not supported by the record and was an abuse of discretion.”

The court concluded “Accordingly, we reverse the Consent Order Equitably Distributing Vehicles. On remand, we direct the trial court to reinstate its original disposition of the vehicles pursuant to the parties’ pretrial stipulation.” Schedule your meeting with a Miami divorce lawyer to understand how the law may apply to the facts of your case.