Joslyn v. Reynolds

2001 WL 1194869 (2001)

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Nature of the Case

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Facts

P filed the complaint nearly four and a half years after the decrees had been entered, sought vacation of the adoptions on the basis that P had been fraudulently induced to marry D and to adopt her children. P asserts that D's fraud had its origins in the early part of the parties' relationship-a relationship which began when D was hired to care for P, who is a quadriplegic. P claims that D who was married and had three children began to ingratiate herself to P, and began managing his money-which consisted of monthly annuity payments of over $10,000. D left her husband, and she and her three children moved into P's home. D immediately started spending large amounts of D's money and initiated a sexual relationship with him. Two years after D and her children moved into P's home, the couple married, and shortly thereafter, P adopted the three children. It was not long before D stopped providing O the necessary care, and that she suddenly had no interest in a sexual relationship. She did, however, have a great interest in spending his money. The relationship rapidly deteriorated. D began engaging in adulterous affairs, and told P's sister that she had married P “only for her children and their security.” Things turned violent, and D and one man with whom she was having an affair destroyed much of P's property, including the wheelchair ramps at the house. P went to live with his family. P was denied any contact with the children. The parties divorced and P was ordered to pay $2,354.00 per month in child support. P then filed an action to vacate the adoption decrees of D's three children on the ground of fraud, and for compensatory damages, including all previously paid child support. D filed a motion to dismiss. The trial court found that P's complaint was barred by the one-year statute of limitations. P appealed.