BERGER v. BERGER

No. 83-2664.

466 So.2d 1149 (1985)

Patricia G. BERGER, Appellant, v. William V. BERGER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 30, 1985.


Attorney(s) appearing for the Case

Edna L. Caruso, P.A., West Palm Beach, and Andrew Siegel, Plantation, for appellant.

Hugh T. Maloney and James E. Zloch of Patterson & Maloney, Fort Lauderdale, for appellee.


LETTS, Judge.

The issue here is whether a property settlement agreement was voluntarily entered into or whether it was procured by coercion and duress. The trial court found that it was the former. We disagree and reverse.

There can be no doubt that the wife signed the property settlement agreement without having an actual gun at her head. Equally without question is the fact that she did have independent legal advice and that both her lawyer and a...

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