- 28 - at 1274. The District Court of Appeal found that Faye had failed to plead or prove the perpetration by John of the sort of extrinsic fraud which could be denominated fraud upon the court and warrant the vacation of the Stipulation and Final Judgment. Id. at 1272. In its opinion, the court did make one reference to the Stipulation and Final Judgment as a "property settlement agreement". See id. at 1272. However, we decline to hold, on the basis of a single reference, that the court found that the Stipulation and Final Judgment, including the monthly payments, represented a property settlement agreement under Florida law. Instead, the court's opinion focuses, and ultimately turns upon, the insufficiency of Faye's pleadings with respect to an allegation of fraud upon the court. See id. at 1273-1274. On remand, the Fourth Judicial Circuit, after 3 days of testimony and evidence, concluded that Faye had failed to carry her burden of proof with respect to any type of extrinsic fraud, which would be sufficient to warrant vacation of the Stipulation and Final Judgment. The District Court of Appeal affirmed in an unpublished, per curiam opinion. Following our review of the rulings made by the Florida State courts with respect to this litigation, we have not found an acceptance by any of these courts that the Stipulation and Final Judgment, including the portion requiring John to pay $2,500 per month to Faye, constituted a property settlementPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011