Illinois law invalidating a settlement agreement
The Florida appeals court held that his allegations, if proven, would amount to extrinsic fraud so as to justify relief from judgment. A strongly worded dissent asserted that the majority decision would "open the floodgates" for further judicial review of domestic relations cases previously thought to have been settled.
Sargent, supra , where the wife filed a civil action seeking .5 million, one-half of the amount she claimed comprised the marital estate at the time of the divorce. 1988) (independent suit in equity may be maintained to set aside dissolution judgment). After filing a postdecree motion or action alleging fraud, the spouse seeking relief has a right to discovery. Go to: Fraud Category The information contained on this page is not to be considered legal advice.
E.2d 790 (1993) (given trial court's finding that husband lacked intent to deceive, the element of scienter necessary to establish fraud was missing). Many states allow judgments to be attacked for intrinsic fraud, if at all, only within a short time (often one year) after judgment. Extrinsic fraud is traditionally defined as fraud directed at the court itself that precludes a party from presenting his or her case to the court.
1993) (husband's alleged mischaracterization of community assets as his separate assets did not constitute extrinsic fraud). Threats by one spouse that force the other into accepting a property settlement constitute extrinsic fraud, according to Gordon v. The essence of extrinsic fraud is "the deliberate use of some device to stop an adverse party's voluntary participation in the litigation process," the court said.
The general principles regarding fraud as a basis for postjudgment relief are well settled, but courts disagree on how these principles apply in the context of attacks on property division agreements and decrees. 1993) (plaintiff must prove (1) that a representation was made, (2) concerning a presently existing material fact, (3) which was false, (4) which the representor either (a) knew to be false or (b) made recklessly, knowing that he had insufficient knowledge upon which to base such representation, (5) for the purpose of inducing the other party to act upon it).
As the recent cases discussed in this article illustrate, a whole host of issues complicates fraud-based motions for relief from judgment. 212, 595 A.2d 1377 (1991) (plaintiff must show that (1) a false representation was made as a statement of fact; (2) the statement was untrue and was known to be so by its maker; (3) the statement was made with the intent of inducing reliance); Despain v. By analyzing how these elements apply to the facts in a particular case, counsel for the accused spouse may begin to see a defense theory take shape. Part I focuses on the accused spouse and examines what conduct may be characterized as fraud. Other courts have listed the same basic requirements albeit in slightly different wording. For example, counsel might take the position that the alleged misrepresentation was one of opinion rather than fact. Part II focuses on the accusing spouse and examines the issue of due diligence and reliance, as well as the impact of a lack of independent legal advice. The party attempting to set aside a decree on the ground that it was procured by fraud must make the usual showings required for fraud. (" ") to the Purchaser, (b) the assumption of certain of the Debtors' liabilities by the Purchaser and (c) the transfer of certain permits, including certain of the Virginia Permits (collectively, the " , the primary purpose of the Reorganized Debtors will be to hold the permits associated with the Retained Assets – including the Virginia Permits other than the Transferred Permits (collectively, the " , the Parties desire to enter into this Agreement to define the terms and framework for accomplishing mine land reclamation and associated environmental restoration in the Commonwealth in accordance with the Mining Laws on Mining Complexes operated under Retained Permits previously issued to ANR and its subsidiaries;, the terms of this Agreement are incorporated into the Plan, and the Parties intend that this Agreement shall be subject to approval by the Bankruptcy Court in connection with confirmation of the Plan;1. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Plan.