John F. Daugharty and Sarah R. Daugharty - Page 28

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            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            unpublished, per curiam opinion.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 settlement                                  





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