In the Circuit Court of the Sixth Judicial Circuit s1

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDABOB DOE,Plaintiff, v. CASE NUMBER: 2ALICE DOE,Defendant. ______/DEFENDANT’S ANSWER AND AFFIRMATIVE DEFESNESDefendant, 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 FACTS1. 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 ANNUL18. 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 OVERREACHING36. 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 RELIEFWHEREFORE, 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 33602CERTIFICATE 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 FIRM100 N. Tampa St.Suite 1650Tampa, FL 336025

In the Circuit Court of the Sixth Judicial Circuit s1

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