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Dispute Resolution Keyed to Golann, 4th Ed.
Cooper v. Austin
Citation:
750 So. 2d 711 (2000)Facts
Christian Cooper and Melodie Austin were parties to a dissolution of marriage proceeding. During an extended mediation session, the wife sent Cooper a handwritten note stating: “If you can’t agree to this, the kids will take what information they have to whomever to have you arrested, etc. Although I would get no money if you were in jail—you wouldn’t also be living freely as if you did nothing wrong.” The “information” referenced photographs Cooper had taken of a young woman whom the wife’s children claimed was underage, though Cooper later obtained proof she was of legal age. Shortly after receiving this note, Cooper agreed to a settlement whereby the wife received approximately $128,000 in marital assets (including IRA accounts, checking and savings accounts, tax refunds, her vehicle, half the marital home proceeds, $18,000 in rehabilitative alimony, and $75,000 in non-modifiable rehabilitative alimony) while Cooper received only $10,000 (half the proceeds from the marital home). Cooper also paid $2,500 to access a storage unit containing his personal property, including the photographs. The wife had filed a financial affidavit showing zero assets, which she later admitted was perjurious. Cooper did not seek relief from the agreement until after attempts at reconciliation with his ex-wife failed. The trial court recognized the extortionate nature of the note but denied relief, finding that the agreement did not result from the wife’s threats.
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