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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unpublished, per curiam opinion.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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