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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