RICHARD B. OLIN, APPELLANT,
v.
INSURANCE COMPANY OF NORTH AMERICA, APPELLEE

Fla. 3d DCA | 1988-10-18
No. 87-2930
Before BARKDULL, NESBITT and JORGENSON, JJ.
532 So. 2d 82 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Pearcy v. Travelers Indem. Co., 429 So. 2d 1298 (Fla. 3d DCA), rev. denied, 438 So. 2d 833 (Fla.1983).


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  • …3.-082(3)(b), Florida Statutes (1987). If so, the actions of HRS would constitute a fraud upon the court; a result obtained by means of extrinsic fraud may be set aside at any time. DeClaire v. Yohanan, 453 So. 2d 375 (Fla.1984); Whitman v. Whitman, 532 So. 2d 82 (Fla. 3d DCA 1988); see also Seven-Up Bottling Co. of Miami v. George Constr. Corp., 166 So. 2d 155 (Fla. 3d DCA 1964). Calderon v. Torres, 445 So. 2d 1040 (Fla. 3d DCA 1984), did not address fraudulent concealment and is therefore not determinative…
  • Guerriero v. Schaub, 579 So. 2d 370 (Fla. 4th DCA 1991)
    …g the “business assets” issue — he affirmatively advised the wife that his real estate holdings should not be dealt with or considered in connection with the dissolution proceedings. Although the majority notes that the facts of Whitman v. Whitman, 532 So. 2d 82 (Fla. 3d DCA 1988), can be distinguished from the instant case, I believe that the [*373] same rationale applies. Through the husband’s deceptive behavior, the wife never presented her claims upon the husband’s business to the trial court. As former…
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  • Karlis Guntis Fritsevich v. In re Est. OF Lydia Voss, 590 So. 2d 1057 (Fla. 3d DCA 1991)
    …tituting a fraud upon the court, to which the one-year limitation of Florida Rule of Civil Procedure 1.540(b), providing for relief from judgment, does not apply. See Arrieta-Gimenez v. Arrieta-Negron, 551 So. 2d 1184 (Fla.1989); Whitman v. Whitman, 532 So. 2d 82 (Fla. 3d DCA 1988); Feldan v. Goodman, 460 So. 2d 515 (Fla. 3d DCA 1984); see also DeClaire v. Yohanan, 453 So. 2d 375, 378-79 (Fla.1984) (no time limitation under Rule 1.540(b) where extrinsic fraud prevents a party from having an opportunity to pr…

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