Huffman v. Delacruz

WARNER, Judge.

The trial court vacated the final order of dismissal and order enforcing settlement because it found that the plaintiff/appellee’s attorney had procured a settlement of the lawsuit without the appellee’s consent.1 Not only had the attorney signed the settlement stipulations without the appellee’s consent, but he also forged his client’s name on the settlement check. The appellee has received nothing from the settlement. We affirm, holding that the actions of appellee’s attorney constituted extrinsic fraud on the court, for which there is no time period for bringing a motion to…