Legal Question in Wills and Trusts in Florida
if a Judge has made a decision and the 30 day to appeal is past, and fraud was committed, can an appellant Judge over rule the decision?
Asked on 5/07/14, 8:24 am
1 Answer from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
No. The appellate court only deals with the record before it. If fraud was committed, it has to be dealt with by the trial judge. If the matter is on appeal, a release of jurisdiction would need to be obtained before the trial court can hear the matter. Be very sure of what you are doing. Seek legal advice.
Answered on 5/07/14, 8:36 am
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