Legal Opinion
Cunha v. Cunha
District Court of Appeal of Florida
Decided July 25, 2012No. 4D11-1892PublishedCited by 1 opinion
1Opinion of the CourtMay, C.J.
The former husband appeals an order denying his request to vacate a judgment in favor of the former wife. He argues the trial court should have vacated the judgment once he settled the outstanding debt upon which the judgment had been based. We agree and reverse.
The trial court entered an Agreed Final Judgment of Dissolution of Marriage, ratifying and incorporating a Marital Settlement Agreement (hereinafter “MSA”). *919Pursuant to the MSA, the former husband agreed to assume responsibility for a certain debt; the MSA did not specify the amount owed.
When the former husband failed to pay the debt,…
2Cases cited4 opinions
- Freemon v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2010
- Levitt v. LevittDistrict Court of Appeal of Florida · 1997
- Barnett Bank of South Florida, N.A. v. American Medical Express Corp.District Court of Appeal of Florida · 1996
- Berman v. U.S. Financial Acceptance Corp.District Court of Appeal of Florida · 1996
3Cited by1 opinion
- Esther Urrea v. Jeffrey KoplowDistrict Court of Appeal of Florida · 2026