Legal Opinion

Parker v. Avraham

District Court of Appeal of Florida

Decided October 6, 1999No. 98-3129Published

1Opinion of the Court

SHEVIN, Judge.

We reverse the order setting aside the parties’ final dissolution judgment. As the trial court properly found, any fraud asserted in this case is intrinsic fraud, and does not rise to the level of extrinsic fraud, or fraud on the court. See Cerniglia v. Cerniglia, 679 So.2d 1160, 1163 (Fla.1996). Here, as in Champion v. McDaniel, 24 Fla. L. Weekly D824, 740 So.2d 17 (Fla. 1st DCA 1999), both parties were well aware of their assets and the assets were substantially represented in appellant’s financial affidavit. Appellee’s motion to set aside the final judgment asserted that the…

2Cases cited2 opinions

  1. Cerniglia v. CernigliaSupreme Court of Florida · 1996
  2. Champion v. McDanielDistrict Court of Appeal of Florida · 1999

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