This section contains the nature of the case and procedural background.

P and D used an online dating service. P viewed D's online profile, which indicated that D was divorced, and then answered his email. Over the phone, D again, in answer to a question from P, represented that he was divorced and looking to remarry and have more children. They dated, and eventually, they went to Puerto Rico together. They saw each other several times over the next few weeks, and 'engaged in sexual relations on most occasions.' D 'kept reinforcing the belief that he was divorced and interested in marrying her.' 'On at least one occasion D took P to look at homes to purchase together [to] be the marital residence.' Eventually, P must have found out the truth and then sued D for intentional infliction of emotional distress.

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