GUERRIERO v. SCHAUB

No. 90-0961.

579 So.2d 370 (1991)

Danielle H. GUERRIERO F/K/a Danielle H. Schaub, Appellant, v. Richard G. SCHAUB, Jr., Appellee.

District Court of Appeal of Florida, Fourth District.

May 15, 1991.


Attorney(s) appearing for the Case

Harold G. Melville of Harold G. Melville, P.A., Fort Pierce, for appellant.

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., West Palm Beach, and Everett J. Van Gassbeck of Moss, Henderson, Van Gaasbeck, Blanton & Koval, P.A., Vero Beach, for appellee.


STONE, Judge.

The appellant seeks to set aside a four and a half year old judgment of dissolution, which incorporated the terms of a property settlement agreement, by an action alleging fraud by her former husband.

The trial court entered a summary final judgment for the former husband, holding that the former wife's claim, based on an "intrinsic" fraud, was barred by the one-year limitations period for setting aside a judgment under Florida Rule of Civil...

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