John F. Daugharty and Sarah R. Daugharty - Page 10

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            1.540(b) of the Florida Rules of Civil Procedure and a failure to                            
            file within a reasonable period.                                                             
                  On December 8, 1981, the Fourth Judicial Circuit granted                               
            John's motion to dismiss.  In its order, the court did not                                   
            elaborate on the reasons for its decision.  This order was                                   
            affirmed by the District Court of Appeal, First District, State                              
            of Florida (District Court of Appeal), in an unpublished per                                 
            curiam opinion filed August 12, 1982.                                                        
                  On or about January 11, 1982, Faye filed a Motion for                                  
            Modification and Enforcement of Final Judgment, which contended,                             
            among other things, that:                                                                    

                        2.  The provisions for the Wife in the Final                                     
                  Judgment have proven to be grossly inadequate since the                                
                  entry of said Final Judgment.                                                          
                        3.  The Husband's verbal promises made to the Wife                               
                  assuring her of adequate monies for her support at all                                 
                  times, as relied on by the Wife, have not been                                         
                  fulfilled.                                                                             
                        4.  The Husband's income, assets and net worth are                               
                  now substantially more than the amount shown by his                                    
                  Financial Affidavit filed in evidence February 3, 1981.                                

            Included in the relief requested by Faye was an increase in the                              
            monthly payments to her, which her motion referred to as alimony.                            
                  On or about January 12, 1982, John filed a Motion to Dismiss                           
            in which he argued:                                                                          








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