STATE OF FLORIDA, EX REL. MARION SLOAN, APPELLANT,
v.
ANDREW SLOAN, APPELLEE
PER CURIAM.
Appellant filed this action pursuant to chapter 88, Florida Statutes (1983), the Uniform Reciprocal Enforcement of Support Act, to enforce an out-of-state alimony award. The lower court dismissed the action, finding that it lacked jurisdiction to enforce alimony awards under chapter 88. In all material respects, this case is identical to and controlled by State ex rel. Quigley v. Quigley, 446 So. 2d 1174 (Fla. 2d DCA 1984). The action of the trial court is therefore affirmed. As noted in Quigley, this case is in conflict with Helmick v. Helmick, 436 So. 2d 1122 (Fla. 5th DCA 1983).
OTT, C.J., and BOARDMAN and RYDER, JJ., concur.
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John Brown Automation, Inc. v. Nobles, 537 So. 2d 614 (Fla. 2d DCA 1988)…erform a promise does not constitute fraud. The result we reach would, of course, be different if the record disclosed a specific purpose in the appellants not to perform the contract at the time it was entered. See Century Properties v. Machtinger, 448 So. 2d 570 (Fla. 2d DCA 1984). The appellants have adduced no evidence from which this court can discern an intent on the part of the appellants not to fulfill the contract when it was formed. The appellees rely heavily upon First Interstate Development Corp.…
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Distefano v. State Farm Mut. Auto. INS. Co., 846 So. 2d 572 (Fla. 1st DCA 2003)…ollusion, or other similar wrongdoing.” Id. (citations omitted); Morgan v. Campbell, 816 So. 2d 251, 253 (Fla. 2d DCA 2002). The party alleging fraudulent behavior must prove such by clear and convincing evidence. Century Props., Inc. v. Machtinger, 448 So. 2d 570, 573 (Fla. 2d DCA 1984) (citation omitted). Fraud occurs when it can be demonstrated, “clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartia…
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- Helmick v. Helmick, 436 So. 2d 1122 (Fla. 5th DCA 1983)
- State v. Quigley, 446 So. 2d 1174 (Fla. 2d DCA 1984)