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of an adverse party. Faye's motion presents her allegations of
misconduct on the part of John. John's motion to dismiss and
memorandum in support thereof discuss the requirements imposed by
rule 1.540 of the Florida Rules of Civil Procedure and set forth
John's various arguments as to why Faye failed to satisfy these
requirements. The Fourth Judicial Circuit filed an order on
December 8, 1981, which stated only that John's motion to dismiss
was granted, while Faye's motion to set aside property settlement
agreement was denied. The District Court of Appeal affirmed in
an unpublished per curiam opinion.
In his January 12, 1982, Motion to Dismiss, filed in
response to Faye's January 11, 1982, Motion for Modification and
Enforcement of Final Judgment, John asserted that the parties'
agreement constituted a nonmodifiable property settlement
agreement under Florida law. Nevertheless, the relevant portion
of the Fourth Judicial Circuit's April 1, 1983, Order Ruling on
Motions simply stated:
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. [Emphasis added.]
The District Court of Appeal affirmed in an unpublished per
curiam opinion.
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