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against John. On that same date, Faye filed an Amended Motion
for Modification and Enforcement of Final Judgment.
In its Order Ruling on Motions, filed April 1, 1983, the
Fourth Judicial Circuit dismissed Faye's Second Amended Contempt
Notice and her Amended Motion for Modification and Enforcement of
Final Judgment. The Order stated that
the Wife's Amended Motion for Modification and
Enforcement of Final Judgment and the Wife's Second
Amended Contempt Notice are unsubstantiated by the
evidence, and the Husband has paid all that was
required to be paid by him under the terms of the Final
Judgment of Dissolution of Marriage.
The District Court of Appeal affirmed this order in an
unpublished per curiam opinion filed February 10, 1984.
Case No. 82-12416-CA
On October 15, 1982, Faye filed a Complaint in the Fourth
Judicial Circuit, to set aside the Stipulation and Final Judgment
pursuant to rule 1.540(b) of the Florida Rules of Civil
Procedure. In her complaint, Faye alleged that "Defendant had
perpetrated a fraud upon the Court by the preparation, execution
and filing of a false and fraudulent affidavit which did not
constitute a truthful representation of Defendant's income,
assets and liabilities". On or about March 21, 1983, John filed
an Answer asserting, among other things, the defense of res
judicata, since the issues, in his view, were the same as those
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