In the Circuit Court of the Sixth Judicial Circuit s1
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
BOB DOE,
Plaintiff, v. CASE NUMBER: 2
ALICE DOE,
Defendant. ______/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFESNES
Defendant, ALICE DOE, by and through the undersigned attorney, hereby gives his
Answer and Affirmative Defenses to the Plaintiff’s Complaint and states as follows:
GENERAL STATEMENT OF FACTS
1. Admit.
2. Admit.
3. Admit as to the time of marriage only.
4. Admit.
5. Admit.
6. Admit.
7. Admit.
8. Deny.
9. Deny.
10. Without knowledge, therefore deny.
11. Deny.
12. Admit.
13. Admit. 14. Admit.
15. Admit.
16. Admit.
17. Deny.
COUNT I: THE MARRIAGE IS VOIDABLE SINCE IT WAS OBTAINED BY FRAUD AND PETITIONER MOVES TO ANNUL
18. The responses in paragraphs 1 through 17 above are adopted an incorporated by
reference herein.
19. Admit.
20. Without knowledge, therefore deny.
21. Deny.
22. Deny.
23. Deny.
24. Deny.
25. Admit.
COUNT II: IN THE ALTERNATIVE TO ANNULMENT, PETITIONER PETITIONS THE COURT TO DISSOLVE THE MARRIAGE.
26. The responses in paragraphs 1 through 17 above are adopted an incorporated by
reference herein.
27. Deny.
COUNT III: THE PRENUPTIAL AGREEMENT IS VOID DUE TO FRAUD, DECEIT, MISREPRESENTATION AND COERCION
28. The responses in paragraphs 1 through 17 above are adopted an incorporated by
reference herein.
2 29. The responses in paragraphs 20 through 24 above are adopted an incorporated by
reference herein.
30. Admit.
31. Deny.
32. Deny.
33. Deny.
34. Admit.
35. Deny.
COUNT IV: THE PRENUPTIAL AGREEMENT IS VOID DUE TO OVERREACHING
36. The responses in paragraphs 1 through 17 above are adopted an incorporated by
reference herein.
37. Defendant can neither admit nor deny.
38. Deny.
39. Deny.
40. Admit.
41. Deny.
PRAYER FOR RELIEF
WHEREFORE, the Defendant, Alice Doe respectfully requests that this Honorable
Court:
42. Deny the Plaintiff’s request to declare the marriage void.
43. Deny the Plaintiff’s request to declare the premarital agreement void.
AFFIRMATIVE DEFENSES
3 By way of affirmative defenses, Alice Doe asserts the following: I. The Plaintiff has failed to state a claim upon which relief can be granted as to counts
one, three, and four. The marriage was ratified by cohabitation for fourteen years and
therefore cannot be annulled.
II. Annulment of this marriage due to fraud is barred by the consummation of this
marriage. Florida law recognizes the consummation of a fraudulent marriage bars
annulment. This marriage was consummated during the fourteen year period in which
the parties cohabited, and therefore Plaintiff’s request for annulment must fail.
III. Plaintiff’s claim that this marriage is irretrievably broken is barred by Mrs. Doe’s
denial of the breakdown of this marriage, and therefore, dissolution is not appropriate.
IV. Plaintiff has failed to produce sufficient evidence to support the claim that the
prenuptial agreement is void due to fraud, deceit, misrepresentation or coercion.
V. The Plaintiff has not met his burden of providing evidence that Mrs. Doe took
advantage of his trust or weakness to establish the claim of overreaching.
DATED this 7th day of February, 2015.
______Jessie Crane, Esq. Khalila Frett, Esq. Ashley Ettaro, Esq. Dan Diaco, Esq. Rob Wunderlich, Esq. TEAM HERNANDO LAW FIRM 100 N. Tampa St. Suite 1650 Tampa, FL 33602
CERTIFICATE OF SERVICE
4 I CERTIFY that a true copy of the forgoing has been served via the e-filing portal to the parties listed below on this 7th day of February, 2015:
East: Manatee Team 100 N. Tampa St. Suite 1650 Tampa, FL 33602
______
Jessie Crane, Esq.
Khalila Frett, Esq.
Ashley Ettaro, Esq.
Dan Diaco, Esq.
Rob Wunderlich, Esq.
TEAM HERNANDO LAW FIRM
100 N. Tampa St.
Suite 1650
Tampa, FL 33602
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