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Hresko v. Hresko

Court of Special Appeals of Maryland
574 A.2d 24 (Md. Ct. Spec. App. 1990)


Marie Hresko (plaintiff) filed a petition for divorce from James Hresko (defendant) after 24 years of marriage. James did not contest the divorce. Two years prior to Marie’s filing of the petition, the Hreskos agreed to and executed a separation and property-settlement agreement (the Agreement). The Agreement provided that James would pay $400 per month in child support, the total costs of the minor child’s college education, and other marital debts. Additionally, the Agreement gave Marie the option of buying out James’s interest in the family home within three years of the date of the agreement. At a hearing, a special master granted the divorce and incorporated the previously executed Agreement into the order. The following year, Marie exercised her option to buy James’s interest in the home and paid James $30,000 in cash for his interest. James filed a motion to revise the divorce judgment and to rescind the Agreement on the basis that Marie had perpetrated an extrinsic fraud upon James and the court by affirmatively stating at the time of execution of the Agreement that she had no cash on hand or investment accounts that could later be used to pay for James’s interest in the home. The trial court dismissed James’s motion. James appealed.

Rule of Law


Holding and Reasoning (Alpert, J.)

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