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Case No. 81-112-CA
On October 6, 1981, Faye filed a Motion to Set Aside
Property Settlement Agreement and to Cancel Deed in the Fourth
Judicial Circuit, in which she argued:
The Wife affirmed her agreement with the terms the
Husband had laid down because she was afraid of two
possible developments, to-wit: (a) That if she did not
take what the Husband was offering she would get
nothing or (b) that if the Husband told Mr. Greene
[John's attorney] about the bedroom episode, Mr. Greene
might tell her Husband about the law on adultery which
Mr. Sulik had told her about and if the Husband found
out about that, he would give her nothing. * * *
Faye requested the court to set aside the Stipulation and Final
Judgment pursuant to rule 1.540(b) of the Florida Rules of Civil
Procedure.
On or about October 22, 1981, John filed a Motion to
Dismiss. On December 4, 1981, John filed a Supplemental
Memorandum in Support of Motion to Dismiss, which stated:
The wife has assumed the mantel of "shotgunning",
having no facts, no basis, and after having enjoyed the
benefits of a property settlement agreement which
leaves her as a very wealthy woman, after one year when
she must part with that which she agreed to do, she now
has the "sour grapes".
John's motion to dismiss raised several defenses, including a
failure to allege sufficient grounds for relief pursuant to rule
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