Smith v. Brinks, Inc.

*1177 ON CONFESSION OF ERROR

Appellants Haldeane Smith and Jennifer Smith appeal the trial court’s order granting Appellee Brinks, Inc.’s motion to dismiss Appellants’ complaint. The trial court concluded that Appellants had committed a fraud upon the court. After first denying Appellee’s motion, the trial court, upon reconsideration, granted the motion and dismissed the complaint with prejudice. However, the trial court did not list any factual findings with respect to the purported fraud in the dismissal order.

Appellants first argue on appeal that the legal requirements for fraud upon the court…