John F. Daugharty and Sarah R. Daugharty - Page 9

                                                 - 9 -                                                   

            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                             







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011