KAMPHUIS EXCAVATORS, INC., APPELLANT,

v.

UNITED STATES FIDELITY & GUARANTY COMPANY, APPELLEE

Citator

Cited By

• Waton v. Waton, 887 So. 2d 419 (Fla. 4th DCA 2004)
  …Hjor-taas, the actual agreement in this case does contain Husband’s financial information. Wife also argues that the agreement was a product of overreaching. See Tenneboe v. Tenneboe, 558 So. 2d 470 (Fla. 4th DCA 1990); McGregor v. McGregor, [*423] 447 So. 2d 994 (Fla. 4th DCA 1984). However, we find each of the authorities relied on to be distinguishable. Unlike Tenneboe, this case does not involve a situation where Wife agreed to pay her income to Husband. At the most, this agreement withdraws Husband’s s…
• Ciro Torres v. Alina Lincheta, 744 So. 2d 1193 (Fla. 3d DCA 1999)
  …ind that, absent any findings by the trial court of imputed income, this agreement is unconscionable as the husband is in failing health and his financial affidavit indicates that his total gross income is $36,000 per year. See McGregor v. McGregor, 447 So. 2d 994 (Fla. 4th DCA 1984); Ellis v. Ellis, 385 So. 2d 135 (Fla. 2d DCA 1980); Moss-Jacober v. Moss, 334 So. 2d 89 (Fla. 3d DCA 1976), cert. dismissed, 353 So. 2d 676 (Fla.1977). Accordingly, we reverse the final judgment of dissolution of marriage and t…
• Schreiber v. Schreiber, 795 So. 2d 1054 (Fla. 4th DCA 2001)
  …rt of that argument, he cites to the cases of Tenneboe v. Tenneboe, 558 So. 2d 470 (Fla. 4th DCA 1990), Torres v. [*1057] Lincheta, 744 So. 2d 1193 (Fla. 3d DCA 1999), Moss-Jacober v. Moss, 334 So. 2d 89 (Fla. 3d DCA 1976), and McGregor v. McGregor, 447 So. 2d 994 (Fla. 4th DCA 1984). The problem we find with that argument is the lack of competent evidence that the MSA was the product of overreaching on appellee’s part. It definitely was one-sided and unfair. But, that alone, no matter how egregious, does not…

Authorities Cited

• The United States v. Grubb, 358 F.2d 508 (9th Cir. 1966)
• The United States for the Use & Benefit of Woodington Elec. Co., Inc. v. United Pac. Ins. Co., 545 F.2d 1381 (4th Cir. 1976)