Closed thread

What is the name of your state? Florida


Why was a thread of mine posted approx 630 PM est closed less than 2 hrs later? Just curious for future reference, but cant locate anywhere else on site to go for explanation

Apparentlyyou locked it perhaps if you edited it? Go to the thread and click on the edit button, it will be there if you locked the thread and unlock the thread. If there is no edit button for you, then admin locked the thread.

To answer the question in your locked thread:
You can't file a motion for rehearing because it is what's called a "10 day motion" and must be filed within 10 days of the order.

The only recourse you have now is to file a motion for relief pursuant to Fl. Rule of Civil Procedure 1.540 and Fl Family Law Rule 12.540.

I wish you good luck, alot of people have filed motions on the basis of fraud, however ALL of the cases that I've found have been denied in both circuit and appellate courts even when there was strong evidence of fraud. Please post and let me know if you prevail, this is a subject that I'm very interested in.
Gracie

Misrepresentation is also stated in those two cites you provided. Does misrepresentation with intent to deceive constitute fraud?

Thanks in advance and thanks so much for your prior reply.

chitown said:

Misrepresentation is also stated in those two cites you provided. Does misrepresentation with intent to deceive constitute fraud?

Thanks in advance and thanks so much for your prior reply.

Click to expand...

Yes, that's basically the definition of fraud. Be very careful though on a few things:
First- you have to be able to PROVE that ex KNEW what the truth was and DELIBERATELY lied or withheld info in a deliberate attempt to cause you AND the court to act on the info.

Second- you'll have to be able to prove that the fraud caused some inequitable order to be given that "injured" you insome way financially. (such as paying too much CS because ex lied about or hid income).

Third- IF the order was issued MORE than one year ago, you can only base the motion on anything fraudulent concerning ex's FINANCIAL AFFIDAVITS. Every other kind of fraud cannot be litigated after one year.

Can the argument be raised that offers were agreed to based on fin. statements that have now been discovered were fraudulent. Example, we agreed to let each party keep their bank accounts as reported. However, her bank accounts (cash) did not reflect the cash she had been accumulating and not depositing. Am certain as I wrote her the checks and they were cashed but not reflected on her bank statements.