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ARRIETA-GIMENEZ v. ARRIETA-NEGRON

No. 88-1085.

859 F.2d 1033 (1988)

Carmen Felicita ARRIETA-GIMENEZ, etc., et al., Plaintiffs, Appellants, v. Alberto ARRIETA-NEGRON, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 18, 1988.

Attorney(s) appearing for the Case

Ivan Diaz de Aldrey, San Juan, P.R. for plaintiff, appellant Conjugal Partnership, and Blas C. Herrero, Jr., Hato Rey, P.R. for plaintiff, appellant Carmen Felicita Arrieta-Gimenez.

Earl D. Waldin, Jr., Miami, Fla., (Florida issues), and Stanley L. Feldstein, Old San Juan, P.R. (Puerto Rico issues), with whom Kelley Drye & Warren, Smathers & Thompson, Miami, Fla., Stanley L. Feldstein, Edward A. Godoy and Feldstein, Gelpi, Hernandez & Gotay, Old San Juan, P.R., were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, TORRUELLA and SELYA, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

The resolution of this case depends on the answer to two questions of Florida law on which we have been unable to find controlling precedent from the courts of Florida. These questions concern 1) the constitutionality under the "access to the courts" provision of the Florida constitution of Fla.Stat. § 95.031(2) (1987) as applied to fraud; and 2) the res judicata effect of a consent judgment which is attacked more than one year...

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