Suit dropped in jackpot dispute

The former husband of a $28.5-million lottery winner drops his suit after reaching a settlement.

By JOUNICE L. NEALY

© St. Petersburg Times, published July 8, 2000

A Miami man fighting for a piece of a $28.5-million lottery jackpot that his ex-wife won but didn't tell him about before they divorced dropped his lawsuit Friday after reaching a settlement.

"Earnest Moore is extremely pleased with the outcome," said Bruce Ramsey, his West Palm Beach attorney. Ramsey declined to release details of the settlement, which includes a confidentiality agreement. A non-jury trial was scheduled for Monday. "We are very pleased for Earnest," Ramsey said.

Case law on dividing marital assets indicates the starting point is at 50 percent, but it can vary depending on the value of assets and the timing of the separation or divorce filing, according to legal records.

Brian Hersh, attorney for Moore's ex-wife, Bernice Heslop, did not return a telephone message.

Moore, now 48, filed a lawsuit in 1997 against Heslop, now 56, in Miami-Dade County after learning about her windfall in a bar months after the couple had divorced.

Heslop learned she hit the jackpot in November 1995. A few days later, she asked her attorney to draw up divorce papers. She and Moore had been separated for five years.

Heslop wanted a speedy divorce because the rules governing dissolutions would soon change and she would have to disclose her winnings. The sooner she divorced, the less she'd have to tell, Ramsey contended.

Hersh prepared the paperwork, which released Moore from having to pay alimony and child support, among other things. Without advice from an attorney, Moore signed the papers. The divorce was recorded on Feb. 1, 1996.

The next day, Heslop "hurriedly claimed her prize and instantly departed Florida Lottery headquarters," according to court records.

Ramsey had argued that Heslop committed fraud by not mentioning her windfall during divorce proceedings, although Florida legal rules at the time did not require Heslop to mention her winnings because she wanted no alimony or child support from Moore.

Ramsey also accused Hersh of helping his client develop a scheme to dupe Moore out of his rightful share.

Last year, a judge ruled that the money was a marital asset because it was won while they were still married and before divorce proceedings began. That decision first raised the possibility of Heslop's having to share her money. The next step was to decide how much Moore was entitled to.

A Floral City lottery winner in a similar situation may have a better chance at keeping his winnings, a $2.4-million lump sum remainder of a $5-million jackpot, his attorneys and legal experts say.

Cecil Smith bought the ticket two months after his estranged wife, Carolyn Smith of Inverness, filed for divorce in March.

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