Parker v. Parker

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that rule 1.540 is substantially similar to federal rule 60 and therefore relying on federal case law where no Florida case was factually on point
• explaining that the one-year time requirement for seeking relief from judgment based on extrinsic fraud does not apply if the party seeking relief has filed an independent action
• explaining that the one-year time requirement for seeking relief from judgment based on extrinsic fraud does not apply if the party seeking relief has filed an independent action
• refusing to recognize fraud resulting from the former wife's misrepresentation concerning paternity as a permissible cause of action due to policy concerns
• “[W]here fraud is extrinsic, it is deemed independent of the action and, therefore, must be attacked independent of the action.”
• “Under rule 1.540(b), relief from a judgment based on intrinsic fraud must be sought by motion within one year of its entry.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

• Tina Marie Hodge v. Chadwick Craig
  Tennessee Supreme Court· 2012-10-01· cited 417×
• Continental Cas. Co. v. Ryan Inc. Eastern
  Supreme Court of Florida· 2008-01-24· cited 67×
• Joseph O. Dier v. Cassandra Jo Peters
  Supreme Court of Iowa· 2012-06-01· cited 48×
• Indymac Federal Bank FSB v. Hagan
  District Court of Appeal of Florida· 2012-12-19· cited 27×
• Adoption of D.P.P. v. C.P.
  District Court of Appeal of Florida· 2014-05-21· cited 20×
• Johnston v. Johnston
  District Court of Appeal of Florida· 2008-04-03· cited 6×
• Greenwich Ass'n v. Greenwich Apartments
  District Court of Appeal of Florida· 2008-04-09· cited 6×
• Casteel v. Maddalena
  District Court of Appeal of Florida· 2013-04-03· cited 6×
• NAFH National Bank v. Aristizabal
  District Court of Appeal of Florida· 2013-07-24· cited 6×
• Nashwa Holt v. Eric v. Holt
  District Court of Appeal of Florida· 2018-10-31· cited 3×
• Brandon-Thomas v. Brandon-Thomas
  District Court of Appeal of Florida· 2015-04-24· cited 2×
• Gogoleva v. Soffer
  District Court of Appeal of Florida· 2016-02-17· cited 2×
• Truong v. Truong
  Missouri Court of Appeals· 2018-11-27· cited 2×
• Salazar v. HSBC Bank, USA, NA
  District Court of Appeal of Florida· 2015-02-11· cited 1×
• Christopher Sheridan v. Samantha K. Rennhack
  District Court of Appeal of Florida· 2016-10-04· cited 1×
• Ford Motor Co. v. Stimpson
  District Court of Appeal of Florida· 2013-04-19· cited 1×
• State, Department of Revenue ex rel. Brinson v. Brinson
  District Court of Appeal of Florida· 2007-03-28· cited 1×
• Romero v. Romero
  District Court of Appeal of Florida· 2007-05-23· cited 1×
• BANK OF AMERICA, N.A. v. LAZARA A. RODRIGUEZ
  District Court of Appeal of Florida· 2022-02-23
• In re the Marriage of Susan Gayle Hutchinson and Robert Gregory Hutchinson, In re the Marriage of Susan Gayle Hutchinson and Robert Gregory Hutchinson v. Upon the Petition of Susan Gayle Hutchinson, And Concerning Robert Gregory Hutchinson
  Supreme Court of Iowa· 2022-05-20

Cites

18 cases in this archive are cited by this case.

• Miller v. Miller
  Supreme Court of Oklahoma· 1998-03-24· cited 214×
• DeClaire v. Yohanan
  Supreme Court of Florida· 1984-06-07· cited 121×
• DEPT. OF HEALTH & REHAB. SERVICES v. Privette
  Supreme Court of Florida· 1993-04-08· cited 105×
• Temple v. Archambo
  Tex. App. Ct., 13th Dist.· 2005-03-24· cited 62×
• Godin v. Godin
  Supreme Court of Vermont· 1998-12-24· cited 53×
• Love v. Love
  Nevada Supreme Court· 1998-05-19· cited 36×
• Mr. G v. Mrs. G
  Court of Appeals of South Carolina· 1995-10-30· cited 26×
• Sacks v. Sacks
  Supreme Court of Florida· 1972-09-20· cited 18×
• Marshall v. Marshall
  District Court of Appeal of Florida· 1980-06-11· cited 16×
• Lefler v. Lefler
  District Court of Appeal of Florida· 2001-01-03· cited 14×
• Anonymous v. Anonymous
  Court of Civil Appeals of Alabama· 1985-07-12· cited 11×
• DF v. Department of Revenue Ex Rel. LF
  Supreme Court of Florida· 2002-06-06· cited 8×
• M.A.F. v. G.L.K.
  District Court of Appeal of Florida· 1990-10-10· cited 8×
• Benac v. Bree
  District Court of Appeal of Florida· 1991-12-13· cited 7×
• Florida Dept. of Revenue v. MLS
  District Court of Appeal of Florida· 2000-02-18· cited 7×
• Guerriero v. Schaub
  District Court of Appeal of Florida· 1991-05-15· cited 7×
• Parker v. Parker
  District Court of Appeal of Florida· 2005-11-30· cited 6×
• Graves v. Stevison
  Court of Appeals of Arkansas· 2003-03-05· cited 6×