Oral arg. – COA – May 5, 2016 – a.m.

At 10:00 the COA will hear Kenneth McDuff v. Teresa McDuff

The McDuffs were divorced in 2014.  They signed a settlement agreement that was incorporated into the divorce decree. Kenneth later moved to set aside the   decree and agreement on the grounds that he was fraudulently induced into signing the agreement (whereby he would give Teresa $1,000,000)  by Teresa’s promise that she had an offer from a third party, Wayne Brown, to purchase certain property known as the Hill property for $2,000,000.00.   Pursuant to his motion for new trial, he attempted to do discovery with regard to the offer but the chancellor denied him this opportunity.

Teresa argues:

Kenneth’s allegations of fraud and misrepresentation during the mediation process are based wholly on the fact that Kenneth McDuff was made aware by the mediator of the telephone conversation between Teresa McDuff and Danny Brown confirming that Danny Brown would be willing to buy the property from Teresa McDuff for $2,000,000.00. According to Kenneth, he then relied upon these statements and offered $1,000,000.00 to Teresa with the undisclosed intention of personally selling the property to Danny Brown to raise the funds to pay the $1,000,000.00 settlement to Teresa. Kenneth did not make a condition of the payment of the $1,000,000.00 lump sum within 60 days to Teresa contingent upon the sale of the property in the settlement agreement. Further, Kenneth did not initiate any action during the mediation to personally verify that Danny Brown would purchase the property from Kenneth for $2,000,000.00.

 

Kenneth’s brief

Teresa’s brief

Kenneth’s reply brief

Watch the argument here

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