SC05-2346 – Richard Edward Parker v. Margaret J. Parker

State: Florida

Docket No: SC05-2346

Case Date: 02/01/2007

Preview:Supreme Court of Florida
____________ No. SC05-2346 ____________ RICHARD EDWARD PARKER, Petitioner, vs. MARGARET J. PARKER, Respondent. [February 1, 2007] BELL, J. We have for review Parker v. Parker, 916 So. 2d 926 (Fla. 4th DCA 2005), in which the Fourth District Court of Appeal certified conflict with the First District Court of Appeal's decision in M.A.F. v. G.L.K., 573 So. 2d 862 (Fla. 1st DCA 1990). 1 The conflict issue is whether a wife's misrepresentation of paternity in a dissolution of marriage proceeding is extrinsic or intrinsic fraud. This differentiation is significant because of the one-year limitation for filing a motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). As explained below, we agree with the Fourth District that this type of misconduct is

1. We have jurisdiction. See art. V,

Download SC05-2346 – Richard Edward Parker v. Margaret J. Parker.pdf