Furney v. Furney

We review an appeal from an order denying a motion for relief from judgment and to set aside judgment pursuant to Fla.R.Civ.P. 1.540. We affirm the trial court’s denial of appellant’s motion except as to one issue. In the order denying relief, the trial court held that appellant failed to establish by clear and convincing evidence that appellee’s financial affidavit filed in the 1991 dissolution proceeding was fraudulent. The burden for establishing fraud is the lesser standard of the preponderance or greater weight of the evidence. Wieczoreck v. H & H Builders, 475 So.2d 227, 228 (Fla.1985).…