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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of Florida (District Court of Appeal), in an unpublished per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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