Fraud on the Court
Make Sure you Have the Judgment Correct
Fraud on the court, make sure you have the order or the judgment correct or it could be subject to reversal or remand. Are you involved in a probate matter such as an estate administration or a
Palm Beach trust or a Florida guardianship and you’re convinced that somebody’s lying or doing something wrong. I can’t tell you how many times beneficiaries call up interviewing the lawyers and appellate attorneys at our firm talking about fraud on the court. That seems for whatever reason to be a popular phrase that people are very concerned with. Fraud on the court is a very serious allegation, you’re in essence saying that somebody is lying to the judge which is not cool. When you’re lying to a judge, you’re attacking our entire, not only our judiciary, but our entire Civil Procedure and legal process and that’s dealt with harshly. But we don’t always have fraud on the court. Lawyers after all, parties are entitled to be strong advocates and try to convey to the court the way they see the particular facts and what inferences may be drawn from those facts. Now if there really was fraud on the court, the court needs to make very specific findings in its order finding that there was fraud on the court. If you want to read more about this Florida litigation subject in a non-probate case, read the Stein case. It was issued February 20th, 2019. You can
go to the Fourth District Court of Appeal website click on opinions scroll down and read that opinion for free.