Furney v. Furney

District Court of Appeal of Florida

Furney v. Furney

659 So. 2d 364, 1995 Fla. App. LEXIS 7111, 1995 WL 363364

CourtDistrict Court of Appeal of Florida

DecidedJune 20, 1995

DocketNo. 94-1694

StatusPublished

This text of 659 So. 2d 364 (Furney v. Furney) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Furney v. Furney, 659 So. 2d 364, 1995 Fla. App. LEXIS 7111, 1995 WL 363364 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

We review an appeal from an order denying a motion for relief from judgment and to set aside judgment pursuant to Fla.R.Civ.P. 1.540. We affirm the trial court’s denial of appellant’s motion except as to one issue. In the order denying relief, the trial court held that appellant failed to establish by clear and convincing evidence that appellee’s financial affidavit filed in the 1991 dissolution proceeding was fraudulent. The burden for establishing fraud is the lesser standard of the preponderance or greater weight of the evidence. Wieczoreck v. H & H Builders, 475 So.2d 227, 228 (Fla.1985). We express no opinion on whether appellant carried this burden, and we remand for the trial court’s redetermination based upon application of the appropriate legal standard.

We certify conflict regarding our determination of the burden of proof with Santiesteban v. Santiesteban, 579 So.2d 891 (Fla. 3d DCA 1991).

AFFIRMED in part and REVERSED in part.

ERVIN, MINER and BENTON, JJ., concur.

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PER CURIAM.

We review an appeal from an order denying a motion for relief from judgment and to set aside judgment pursuant to Fla.R.Civ.P. 1.540. We affirm the trial court’s denial of appellant’s motion except as to one issue. In the order denying relief, the trial court held that appellant failed to establish by clear and convincing evidence that appellee’s financial affidavit filed in the 1991 dissolution proceeding was fraudulent. The burden for establishing fraud is the lesser standard of the preponderance or greater weight of the evidence. Wieczoreck v. H & H Builders, 475 So.2d 227, 228 (Fla.1985). We express no opinion on whether appellant carried this burden, and we remand for the trial court’s redetermination based upon application of the appropriate legal standard.

We certify conflict regarding our determination of the burden of proof with Santiesteban v. Santiesteban, 579 So.2d 891 (Fla. 3d DCA 1991).

AFFIRMED in part and REVERSED in part.

ERVIN, MINER and BENTON, JJ., concur.

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Bluebook (online)

659 So. 2d 364, 1995 Fla. App. LEXIS 7111, 1995 WL 363364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/furney-v-furney-fladistctapp-1995.

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