CLINT W. MURCHISON, JR., APPELLANT,

v.

BANQUE ARABE ET INTERNATIONALE D'INVESTISSEMENT, APPELLEE

Citator

Cited By

• Thompson v. Crawford, 479 So. 2d 169 (Fla. 3d DCA 1985)
  …laire v. Yohanan, 453 So. 2d 375, 377 (Fla.1984). “Extrinsic fraud involves conduct which is collateral to the issues tried in a case and occurs when an unsuccessful party has somehow been prevented from participating in a cause.” Gomez v. Espinosa, 466 So. 2d 1201, 1204 (Fla. 3d DCA 1985); see also DeClaire, 453 So. 2d at 377. Thompson’s fraudulent conduct did not prevent the state from participating in the cause and, thus, it did not constitute either extrinsic fraud or fraud on the court. In DeClaire, the…
• Rutshaw v. Arakas, 549 So. 2d 769 (Fla. 3d DCA 1989)
  …appeal — all of which could readily have been undertaken. It is well settled that a 1.540 motion cannot be employed as a substitute for a timely appeal, much less for a timely preservation of error in the underlying action itself. Gomez v. Espinosa, 466 So. 2d 1201 (Fla. 3d DCA 1985); Pompano Atlantis Condominium Ass’n v. Merlino, 415 So. 2d 153 (Fla. 4th DCA 1982); Pruitt v. Brock, 437 So. 2d 768 (Fla. 1st DCA 1983); see Long v. Emery, 383 F. 2d 392 (10th Cir.1967); see also Tucker v. Commonwealth Land Title…

Authorities Cited

• Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 413 So. 2d 1 (Fla. 1982)
• McArthur Breedlove v. State, 413 So. 2d 1 (Fla. 1982)
• Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 381 So. 2d 1164 (Fla. 5th DCA 1980)
• Fegley v. Jennings, 44 Fla. 203 (Fla. 1902)
• Annegret von Dunser v. Se. First Nat'l Bank OF Miami, 367 So. 2d 1094 (Fla. 3d DCA 1979)