Order Granting Petitioner S Motion for Summary Judgement
IN THE COUNTY COURT OF FLORIDA FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
IN RE THE MARRIAGE OF
Bob,
PetitionerCase No. 2
And
Alice
Respondent
/
ORDER GRANTING PETITIONER’S MOTION FOR SUMMARY JUDGEMENT
This Cause was heard before the Court on February 17, 2015 in response to Petitioner’s Petition for the Dissolution of Marriage, Petitioner’s Motion for Summary Judgment, Respondent’s Answer, and Respondent’s Motion to Dismiss. After being fully briefed and hearing oral arguments of both parties the Court hereby grants Petitioner’s Motion for Summary Judgment and states the following in support:
1.Fed. R. Civ. Pro. 56 requires that there be no genuine issue of material facts and that movant be legally entitled to such judgment. In this case, the Court finds material facts not at issue. Therefore, the Court, acting within its authority, grants Petitioner’s Motion for Summary Judgment.
2. Inducing a party to enter into a contract by fraud makes that contract voidable. Fraud occurs when one party deliberately makes a false representation with the intent to deceive the other party to the second parties detriment. In this case, Alice told Bob 5 days before the wedding that she was pregnant. Additionally, at the time that she did so, Alice was not pregnant. Alice did this in hopes of inducing Bob to sign a premarital agreement that would have been favorable to Alice while to Bob’s detriment. Alice’s misrepresentation of material facts were intended to make Bob do something that he might have not otherwise done. Bob was injured by agreeing to give Alice a larger percentage of marital assets than she was entitled to by law.
3.Consummation or enjoying the “benefits of the marriage” no longer renders a pre-marital contract unvoidable.
It is ORDERED and ADJUDGED that the pre-nuptial agreement be deemed void and that all assets be split according to the laws of the State of Florida.
DONE and ORDERED in chambers, in Paso County, Florida this 24th day of February, 2015.
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Circuit Court Judge