Foley v. Foley

While I agree with the implicit holding of the majority that duress may be extrinsic fraud, I reject the majority’s determination that appellant’s actions amounted to extrinsic fraud which precluded a fair hearing or presentation of appellee’s case. Rather, I would find that under the facts before us, viewed in a light most favorable to the verdict winner, the trial judge abused his discretion in vacating the divorce decree. Masciulli v. Masciulli, 194 Pa.Super. 646, 169 A.2d 562 (1961) (standard of review). This is not to say that appellee is without an avenue of redress since an action in…