Legal Question in Civil Litigation in Florida

When an adversary obtains a final order by fraud on the court, how does one set aside such a fraudulent order? Is there a cause of action against the offender? Is this abuse of legal process, or malacious prosecution or libel, etc.?


Asked on 8/17/09, 1:20 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

"Fraud on the court" is a very strong accusation with some serious teeth. Perjury is a crime. If in Federal Court, Rule 11 sanctions may be imposed against any party or attorney (corresponding state rules may also apply). Attorneys can be sanctioned or disbarred for allowing perjury or fraud on the court.

I suggest an appeal from whatever judgment was rendered based upon fraudulent representations to the court. You may request that all costs and fees be imposed on the other party.

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Answered on 8/17/09, 1:38 pm


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