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Ernestine Theofanis v. Efthimios N. Theofanis

February 23, 2011

ERNESTINE THEOFANIS, PLAINTIFF-RESPONDENT/ CROSS-APPELLANT,
v.
EFTHIMIOS N. THEOFANIS, A/K/A TIM N. THEOFANIS, DEFENDANT-APPELLANT/ CROSS-RESPONDENT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FM-02-1298-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 8, 2010

Before Judges Axelrad and Lihotz.

Defendant Efthimios Theofanis appeals from two post-judgment orders entered by the Family Part on April 17, 2009 and June 17, 2009, which denied his motion to vacate or modify a final Judgment of Divorce (JOD) and the incorporated Property Settlement Agreement (PSA).

On appeal, defendant argues:

POINT I

THE TRIAL COURT BELOW ERRED BY NOT VACATING THE AMENDED JUDGMENT OF DIVORCE AND PROPERTY SETTLEMENT AGREEMENT DATED JANUARY 8, 2008 AND BY NOT DENYING PLAINTIFF'S NOTICE OF MOTION WITHOUT PREJUDICE TO ALLOW DEFENDANT SUFFICIENT TIME TO OBTAIN AN EXPERT'S REPORT FROM A FORENSIC ACCOUNTANT.

POINT II

THE COURT BELOW ERRED BY NOT VACATING THE AMENDED JUDGMENT OF DIVORCE AND PROPERTY SETTLEMENT AGREEMENT DATED JANUARY 8, 2008 BECAUSE IT WAS SIGNED UNDER THE THREAT OF DURESS AND COERCION AND SCHEDULING AN EVIDENTIAL HEARING THEREON.

POINT III

THE COURT BELOW ERRED BY NOT FINDING THAT THE CIRCUMSTANCES OF DEFENDANT'S CASE WARRANTED REVIEW OF THE PARTIES' AGREEMENT. POINT IV

THE COURT BELOW ERRED BY NOT FINDING THAT THE PARTIES' PROPERTY SETTLEMENT AGREEMENT SHOULD NOT BE MODIFIED PURSUANT TO CHANGED CIRCUMSTANCES AND SCHEDULING THE MATTER FOR A PLENARY HEARING.

POINT V

THE COURT BELOW ERRED BY NOT COMPELLING PLAINTIFF TO PROVIDE AN ACCOUNTING OF THE ITEMS SHE REMOVED ...


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