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325 So. 2d 70

Docket No. Z-207.

Kimbrough v. McCranie

Morrison KIMBROUGH and Pace Finance Company, Inc., a Florida Corporation, Appellants, v. Ronnie McCRANIE, Appellee.

District Court of Appeal of Florida

Decided January 16, 1976.

District Court of Appeal of Florida · decided 1976-01-16

Cited by 10 later decisions — most recently March 1985

10 state decisions

Key passage — most relied on by later courts

“[a]llegations of that character are appropriate when a judgment is sought to be vacated within one year on grounds of fraud but not when the attack is delayed longer than a year and must therefor rest on a showing of `fraud upon the court,'”

quoted by 1 later decision, including 432 So. 2d 704 - Brown v. Brown

Relies on 275 So. 2d 272 - Alexander v. First National Bank of Titusville · King v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-01-16

View the full empirical analysis of this case →

¶1Allen W. Lindsay, Beall, Lindsay & Lindsay, P.A., Milton, for appellants.

¶2Bill E. Parker and T. Sol Johnson, Milton, for appellee.

¶3SMITH, Judge.

¶4The trial court dismissed this independent action to set aside, as having been obtained by fraud on the court, a money judgment entered for appellee McCranie against appellants Kimbrough and Pace. Dismissing the action, the trial court ruled that the petition was untimely filed because more than a year had elapsed since the judgment was entered. Rule 1.540(b)(3), R.C.P. While the petition thus dismissed was filed as an independent action and not in the cause which resulted in the judgment attacked, the alleged fraud described in the petition is not that McCranie made misrepresentations misleading the court as to its jurisdiction or preventing Kimbrough and Pace from effectively presenting a defense, but rather that McCranie falsely stated the amount of the damages he had sustained. Allegations of that character are appropriate when a judgment is sought to be vacated within one year on grounds of fraud but not when the attack is delayed longer than a year and must therefore rest on a showing of "fraud on the court." Alexander v. First Nat'l Bank of Titusville,275 So.2d 272 (Fla.App. 4th, 1973). Contrast Corrigan v. Corrigan,184 So.2d 664 (Fla.App. 4th, 1966).

¶5Affirmed.

¶6BOYER, C.J., and MILLS, J., concur.

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