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Dispute Resolution Keyed to Folberg, 4th Ed.
Cooper v. Austin
Citation:
750 So. 2d 711 (2000)Facts
During a lengthy divorce mediation between Christian Cooper and Melodie Austin (formerly Cooper), Melodie sent Christian a 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 threat related to photographs Cooper had taken of a woman who appeared underage. Shortly after receiving this note, the parties reached a settlement agreement that, according to Cooper’s uncontradicted testimony, resulted in the wife receiving $128,000 in marital assets while he received only $10,000. Cooper also agreed to pay substantial alimony. Cooper later sought relief from the agreement after his attempts to reconcile with his ex-wife failed, claiming it was the product of extortion.
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