Paniry v. Paniry
Seven months after an agreed final judgment incorporating a marital settlement agreement, the former wife moved to vacate based on alleged fraud regarding the husband's undisclosed promotion and increased income, and the trial court allowed limited post-judgment financial discovery (a request for admissions). The Third District granted certiorari and quashed the discovery order, holding the trial court must first determine whether the motion alleges a prima facie case of fraud — including justifiable reliance — and, if so, hold an evidentiary hearing on whether the movant could or should have discovered the information before signing the MSA, all before permitting any discovery.
Key facts
- Former wife moved to vacate an agreed final judgment and marital settlement agreement seven months after entry, alleging the husband fraudulently concealed a promotion and increased income.
- The trial court granted the former wife's request for limited post-judgment financial discovery (request for admissions) to support her fraud-based motion to vacate.
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Why it matters
This opinion gives family-law practitioners a strong certiorari vehicle to block fishing-expedition post-judgment financial discovery premised on conclusory fraud allegations, aligning the Third District with the Fourth… — full analysis with a trial
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