Intrinsic Vs. Extrinsic Fraud

15 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Sec. & Exch. Comm'n v. ESM Grp., Inc.
  835 F.2d 270· 11th Cir.· 1988-01-07 ·cited 118×
  The court held that the plaintiff's allegations of fraud did not constitute fraud on the court or meet the requirements for an independent action to set aside a judgment, thus affirming the dismissal.
• Alexander v. First Nat'l Bank OF Titusville
  275 So. 2d 272· Fla. 4th DCA· 1973-03-28 ·cited 43×
  The court held that the counterclaim, alleging fraud in prior judgments, did not sufficiently plead 'fraud on the court' to support an independent action and should have been brought by motion under Rule 1.540(b).
• August v. August
  350 So. 2d 794· Fla. 3d DCA· 1977-09-20 ·cited 28×
  The court held that a post-judgment petition to set aside a divorce judgment based on misconduct must be filed within one year of the judgment's entry.
• The Travelers Indem. Co. v. Jack Gore & the Darien Bank
  761 F.2d 1549· 11th Cir.· 1985-06-04 ·cited 25×
  The court held that perjury by a party, without more, does not constitute fraud upon the court sufficient to support an independent action for relief from judgment, especially when the issue could have been raised in the original proceeding.
• Great Coastal Express, Inc. v. Int'l Bhd. OF Teamsters
  675 F.2d 1349· 4th Cir.· 1982-04-12 ·cited 21×
  The court held that the company's actions, while reprehensible, did not constitute "fraud on the court" or support an independent action in equity for relief from the judgment, as the fraud primarily involved perjury and fabricated evidence between the parties rather than a direc
• In re Est. OF Gwendolyn Gaffney Willis v. Gaffney
  677 So. 2d 949· Fla. 2d DCA· 1996-07-31 ·cited 20×
  The Estate of Gwendolyn Gaffney Willis appealed a trial court's denial of its motion for relief from judgment, arguing the court erroneously treated the motion as untimely under Rule 1.530(b) when it should have been evaluated under Rule 1.540(b). The appellate court reversed, ho
• Pure H20 Biotechnologies, Inc. v. Mazziotti
  937 So. 2d 242· Fla. 4th DCA· 2006-09-06 ·cited 15×
  The court held that the Mazziottis' claims of fraud were time-barred and did not meet the criteria for vacating a judgment under Rule 1.540(b)(5).
• Lanier Davenport v. Dimitrijevic
  857 So. 2d 957· Fla. 4th DCA· 2003-10-22 ·cited 11×
  Appellants sought to vacate an arbitration award confirming a defamation judgment against them by alleging the opposing party committed perjury during arbitration. The Fourth District Court of Appeal affirmed the denial of their motion, holding that the supporting affidavit faile
• Zuckerman v. Alex Hofrichter, P.A.
  630 So. 2d 210· Fla. 3d DCA· 1993-12-21 ·cited 8×
  Roberta Zuckerman appealed the dismissal of her complaint seeking relief from a judgment against her husband under Florida Rule of Civil Procedure 1.540(b). The court affirmed, holding that a non-party cannot pursue an independent action attacking a final judgment that is current
• Romero v. Aurora Romero
  959 So. 2d 333· Fla. 3d DCA· 2007-05-23 ·cited 5×
  In this family law appeal, the former wife sought relief from a final dissolution judgment by requesting a constructive trust on stock options the former husband allegedly failed to disclose in his financial affidavit. The court reversed, holding that while the stock options were
• Anderson v. Anderson
  845 So. 2d 870· Fla.· 2003-01-09 ·cited 5×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a non-biological father can challenge a child support obligation established in a dissolution judgment. The Court held that such challenges must comply with Florida Rule of Civil Procedure 1.5
• Gleason v. Jandrucko
  860 F.2d 556· 2d Cir.· 1988-11-01 ·cited 4×
  Newly discovered evidence of witness perjury and nondisclosure during discovery does not constitute "fraud upon the court" sufficient to set aside a final judgment through an independent action under Fed.R.Civ.P. 60(b).
• M. W. Zack Metal Co. v. Int'l Navigation Corp. OF Monrovia
  675 F.2d 525· 2d Cir.· 1982-04-12 ·cited 4×
  The court held that the plaintiff's fourth cause of action should be reversed and remanded, and the fifth cause of action should be remanded for trial, due to ambiguities in a guarantee and the evolving standard for fraud on the court.
• Geraldo Linares v. Bank of Am., N.A.
  278 So. 3d 330· Fla. 3d DCA· 2019-09-04 ·cited 2×
  The appellate court affirmed the denial of a borrower's motion for relief from a foreclosure judgment. The borrower's motion, filed over two years after the judgment, was untimely under the relevant rule of civil procedure and also failed to establish that the judgment was void.
• Dep't OF Revenue o/b/o Socorro Flores v. Ortiz
  84 So. 3d 1206· Fla. 4th DCA· 2012-04-11
  The Department of Revenue appeals a trial court order vacating a Puerto Rican child support judgment that had been registered in Florida under UIFSA. The appellate court reverses, holding that the father failed to timely contest the registration, failed to prove extrinsic fraud,