ARTHUR F. PARKER, APPELLANT,
v.
ELIZABETH A. PARKER, APPELLEE
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Court affirmed dismissal of motion to set aside divorce judgment filed eight years after entry, holding that fraud claims must be brought within one year under Florida Rule of Civil Procedure 1.540(b) and the alleged fraud did not overcome the policy favoring finality of divorce judgments.
A motion to set aside a final divorce judgment based on fraud must be filed within one year of entry, and alleged fraud that does not overcome the strong policy favoring finality of divorce judgments cannot support such a motion.
[1] A motion to set aside a final divorce judgment based on fraud must be filed within one year of the judgment's entry under Florida Rule of Civil Procedure 1.540(b), and al…
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Join FLexlaw to unlock all legal intelligenceArthur Parker filed a motion to set aside his divorce judgment approximately eight years after it was rendered, alleging his ex-wife lied about assets…
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PER CURIAM.
Arthur F. Parker filed a motion to set aside his final judgment of dissolution of marriage approximately eight years after its rendition. Mr. Parker alleged that the judgment was procured through fraud in that his ex-wife lied about assets and other matters. Mr. Parker also alleged that the judgment was void and that his attorney misled him and failed to take appropriate action on Parker’s behalf. The trial court granted the ex-wife’s motion to strike and Mr. Parker appealed. First we point out that Florida Rule of Civil Procedure 1.540(b) specifically bars any such motions to set aside judgments, based on fraud, if such motions are not filed within a year from their entry. We find that the type of fraud alleged by Mr. Parker was not the type to overcome the policy of the law which favors the termination of litigation. Yohanan v. deClaire, 421 So. 2d 551 (Fla. 4th DCA 1982). Mr. Parker’s claim that the judgment is void is without merit, and his complaints about his attorney are best resolved in a separate action, if not time barred, as are his claims against his ex-wife.
Accordingly, we affirm the trial court’s striking of the appellant’s motion to set aside the final judgment of dissolution in the case at bar. We also grant the ex-wife’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes (1989), as the appeal filed by Mr. Parker was frivolous. We remand to the trial court to determine the amount to be awarded for attorney’s fees.
DOWNEY, GUNTHER and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Magula v. Dr. Charles Infante, D.D.S., 616 So. 2d 1191 (Fla. 4th DCA 1993)…appellants’ former attorney. There is a pending malpractice claim against the former attorney. We affirm, as allegations of legal malpractice against the attorney do not constitute extrinsic fraud so as to set aside the judgment. Parker v. Parker, 585 So. 2d 328 (Fla. 4th DCA 1991); Calehuff v. Calehuff, 433 So. 2d 1021 (Fla. 4th DCA 1993). ANSTEAD, HERSEY and WARNER, JJ., concur.…
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Parker v. Critton, 611 So. 2d 46 (Fla. 4th DCA 1992)…essfully attempted to set aside the final judgment of dissolution of marriage alleging fraud. This court affirmed the trial court’s order striking the former husband’s motion as untimely under Florida Rule of Civil Procedure 1.540. Parker v. Parker, 585 So. 2d 328 (Fla. 4th DCA 1991). In 1992, the former husband filed this action against the former wife’s attorney alleging many of the same procedural irregularities that were alleged in his motion to set aside the final judgment of dissolution. In addition,…
Authorities Cited
- Donna deClaire Yohanan v. George F. deCLAIRE, 421 So. 2d 551 (Fla. 4th DCA 1982)