John F. Daugharty and Sarah R. Daugharty - Page 12

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                  On or about February 4, 1982, John filed a "Husband's                                  
            Memorandum in Support of Motion to Dismiss", which stated                                    

                  that the [divorce] agreement was intended not merely                                   
                  for the support of the former Wife and the minor child                                 
                  of the marriage, but also as a full and complete                                       
                  settlement of the property rights.  Where one party                                    
                  surrenders valuable property interests and at the same                                 
                  time is to receive periodic payments specified as                                      
                  alimony, such agreements are not subject to                                            
                  modification.  Mills v. Mills, 339 So. 2d 681, 684                                     
                  (Fla. 1st Dist. 1976).                                                                 

            John maintained that Faye "fail[ed] to allege the elements which                             
            would constitute a cause of action for modification of the                                   
            property settlement agreement between Mr. and Mrs. Daugharty."                               
            John also alleged that the court lacked jurisdiction to decide                               
            the case because the subject matter of Faye's Motion for                                     
            Modification and Enforcement of Final Judgment was substantially                             
            the same as the subject matter of Faye's appeal, which was                                   
            pending at the time, from the denial of her Motion to Set Aside                              
            Property Settlement Agreement and to Cancel Deed.                                            
                  On October 15, 1982, Faye filed an Amended Contempt Notice                             
            against John, in which she stated that she would apply for an                                
            order adjudging John "in contempt of Court for violation of the                              
            terms of the Final Judgment of Dissolution of Marriage * * * by                              
            failing to pay the alimony awarded thereby to FAYE E. DAUGHARTY".                            
            On January 11, 1983, Faye filed a Second Amended Contempt Notice                             







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