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673 So. 2d 505

Dadic v. Farach

District Court of Appeal of Florida · decided 1996-04-17

Cited by 6 later decisions — most recently November 2007

6 state decisions

Relies on 453 So. 2d 375 - DeClaire v. Yohanan · Wescott v. Wescott

Good law ✅— No negative treatment on recordhow we know

Decided 1996-04-17

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PER CURIAM.

¶1Appellants appeal the dismissal with prejudice of their amended complaint, seeking to vacate a judgment entered in a separate action. Appellants’ claim is based on allegations of Appellees’ “fraud on the court” in the other case. We affirm.

¶2Viewing the allegations and making all inferences most favorably to Appellants, it is clear they alleged only intrinsic fraud, not extrinsic. Nor did Appellants demonstrate how they could further amend the complaint to state extrinsic fraud. Therefore, the trial court did not err in dismissing with prejudice for failure to state a cause of action. De-Claire v. Yohanan, 453 So.2d 375 (Fla.1984); Wescott v. Wescott, 444 So.2d 495 (Fla. 2d DCA 1984).

¶3As to Appellees’ cross-appeal, we also affirm.

GLICKSTEIN, STONE and GROSS, JJ.„ concur.
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