Cerniglia v. Cerniglia
Florida Supreme Court
679 So. 2d 1160 (1996)
- Written by Jody Stuart, JD
Facts
In 1990 Joseph Cerniglia (defendant), who was married to Donna Cerniglia (plaintiff), filed a petition for dissolution of marriage. The parties signed a marital settlement agreement, and at the dissolution proceeding Donna told the court that she had voluntarily signed the settlement agreement, had received advice from her attorney, and was satisfied with Joseph’s disclosure of assets. In August 1990, the court entered final judgment dissolving the marriage and incorporating the settlement agreement. In 1993 Donna brought a civil action in trial court against Joseph alleging extrinsic fraud and seeking to set aside the marital settlement agreement. Donna alleged that Joseph obtained the settlement agreement by duress and coercion and failed to make complete financial disclosures. The trial court entered summary judgment for Joseph. On appeal, the district court affirmed the trial court’s judgment.
Rule of Law
Issue
Holding and Reasoning (Harding, J.)
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