Wednesday 22 October 2014

The basic standards governing fraud on the court are reasonably straightforward

http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/7ee566f4f7305b2085256e24006a34b6!OpenDocument&Highlight=0,disability*


The basic standards governing fraud on the court are reasonably straightforward. As set forth in Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998):

The requisite fraud on the court occurs where “it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party’s claim or defense.” Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989) . . . . The trial court has the inherent authority, within the exercise of sound judicial discretion, to dismiss an action when a plaintiff has perpetrated a fraud on the court, or where a party refuses to comply with court orders. Kornblum v. Schneider, 609 So. 2d 138, 139 (Fla. 4th DCA 1992).


CASES ON THE ORANGE COUNTY REGISTER OF ACTIONS INVOLVED IN RETALIATING AGAINST WITNESS,VICTIM OR AN INFORMANT BY COMMITTING FRAUD ON THE COURTS, MEDICAID FRAUD

2002-DR-050423-1 SHAW, SHEILA J 03/0912002
VS, COLEMAN, Family
JIMMY L
Income Deduction 0
Closed - Non SRS
2002-DR-006249-0 SHAW, SHEILA J 04124/2002 Paternity
vs. GONZALEZ, Div 38 Closed - SRS
CARLOS A Kest, Sally D M
SHAW, SHEILA 08/29/2005 Paternity DOR
JOCELYN VS. Div42 Re-Closed
GONZALEZ, Evans, Robert M
CARLOS
ALBERTO
SHAW, SHEILA 01/06/2010 Child Support DOR
JOCELYN Div 42 Reopened Other
KARENA vs. Evans, Robert M
WILLIAMS, JARRID
DESHAUN
SHAW, SHEILA 04112/2011 Domestic Violence w
JOCELYN VS. Div 44 Closed - SRS
WILLIAMS, JARRID Jordan, John E
DESHAUN
2005-DR-014270-0
2010-DR-000170-0
2011-0R-006367-0

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