- 11 - 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.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