John F. Daugharty and Sarah R. Daugharty - Page 11

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                        1.  That this Court does not have jurisdiction of                                
                  this matter with reference to seeking of a Motion for                                  
                  Modification for the following reasons:                                                
                              a.  That the Court has lost its jurisdiction                               
                  with regard to a Motion for Modification at the time of                                
                  the filing of the Notice of Appeal by the Wife.                                        
                              b.  That the Wife is attempting to modify a                                
                  property settlement agreement, which is a non-                                         
                  modifiable document under the laws of the State of                                     
                  Florida.                                                                               
                        2.  That this same matter was argued in a                                        
                  previously filed Motion for Modification with reference                                
                  to undue influence, the fact the Wife was unable to                                    
                  make ends meet on the documents submitted by her at the                                
                  trial, and the Husband submits that the Wife is now                                    
                  attempting to do again what this Court has ruled it had                                
                  no jurisdiction to do and that is to appeal a case a                                   
                  year after a decision has been rendered.                                               
                        3.  That the parties agreed and each was                                         
                  adequately represented by counsel with regard to the                                   
                  matters disposed of in the property settlement                                         
                  agreement, and the Wife cannot now be heard to complain                                
                  about a lack of consideration as reflected in paragraph                                
                  1 of her frivolous motion.                                                             
                        4.  That counsel for the Wife is engaged in total                                
                  harassment of the Husband, requiring that the Husband                                  
                  secure counsel to defend petitions that are                                            
                  substantially similar to ones that had previously been                                 
                  dismissed and are presently on appeal.                                                 
                        5.  Allegations such as those contained in                                       
                  paragraph 3 of "Husband's verbal promises" which is                                    
                  totally contrary to the written document signed by the                                 
                  parties, is totally fallacious and is improper                                         
                  pleading.                                                                              
                        6.  That paragraph 4 is a bold-faced allegation,                                 
                  unsupported by any documentation, is an improper                                       
                  statement, and is about one year late in coming.                                       








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Last modified: May 25, 2011