Legal Opinion

Carmen Felicita Arrieta-Gimenez, Etc. v. Alberto Arrieta-Negron

Court of Appeals for the First Circuit

Decided October 18, 1988No. 88-1085PublishedCited by 26 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Chief Judge.

The resolution of this case depends on the answer to two questions of Florida law on which we have been unable to find controlling precedent from the courts of Florida. These questions concern 1) the constitutionality under the “access to the courts” provision of the Florida constitution of Fla. Stat. § 95.031(2) (1987) as applied to fraud; and 2) the res judicata effect of a consent judgment which is attacked more than one year later on the ground of fraud. Accordingly, we certify two questions to the Supreme Court of Florida. In the present opinion, which will…

2Cases cited23 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Local Number 93, International Ass'n of Firefighters v. City of ClevelandSupreme Court of the United States · 1986
  3. Norman W. OLIVER, Plaintiff, Appellant, v. DIGITAL EQUIPMENT CORPORATION, Defendant, AppelleeCourt of Appeals for the First Circuit · 1988
  4. Johnston v. Holiday Inns, Inc.Court of Appeals for the First Circuit · 1979
  5. Kluger v. WhiteSupreme Court of Florida · 1973

18 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Greene v. WCI Holdings Corp.Court of Appeals for the Second Circuit · 1998
  2. Bezanson v. Bayside Enterprises, Inc. (In re Medomak Canning)Court of Appeals for the First Circuit · 1990
  3. Arrieta-Gimenez v. Arrieta-NegronSupreme Court of Florida · 1989
  4. Ortiz v. Gaston County Dyeing MacHine Co.Court of Appeals for the First Circuit · 2002
  5. Pure Distributors, Inc. v. BakerCourt of Appeals for the First Circuit · 2002

21 more not listed; retrieve them via the Exa API.

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