Opinion
No. 84-2308.
September 10, 1985. Rehearing Denied October 23, 1985.
Appeal from the Circuit Court, Dade County, Richard S. Hickey, J.
Sinclair, Louis, Siegel, Heath, Nussbaum Zavertnik and Paul Louis, Alejandro M. Sanchez and Dwight Sullivan, Miami, for appellant.
Maurice Jay Kutner, Miami, for appellee.
Before NESBITT, FERGUSON and JORGENSON, JJ.
The former wife appeals a final summary judgment entered against her on her petition to vacate or set aside a property settlement agreement incorporated into a final judgment of dissolution of marriage. We affirm the judgment appealed upon a holding that appellant's allegations in support of her petition (fraud, duress, coercion and failure to provide full disclosure) form the basis for a claim of intrinsic fraud. DeClaire v. Yohanan, 453 So.2d 375 (Fla. 1984); Langer v. Langer, 463 So.2d 429 (Fla. 3d DCA 1985); August v. August, 350 So.2d 794 (Fla. 3d DCA 1977). Any petition to vacate a judgment on grounds of intrinsic fraud must be filed within one year after the entry of the judgment. DeClaire; Langer. Appellant's petition to set aside or vacate was filed almost four years after the entry of the final judgment of dissolution which incorporated the property settlement agreement.
Affirmed.