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Because the principles of law enunciated in Yohanan [v.
DeClaire, 421 So.2d 551 (Fla. App. 4th Dist. 1982)] and
Brown [v. Brown, 432 So.2d 704 (Fla. App. 3d Dist.
1983)], have been disapproved by our Supreme Court, we
would be without authority to affirm the judgment in
this case even if we believed that appellee's complaint
properly alleged the perpetration by the husband of an
extrinsic fraud. Here, as in DeClaire v. Yohanan, the
allegedly false financial affidavit submitted by the
husband was before the court which dissolved the
marriage of the parties, and the husband's financial
condition was or could have been made an issue in that
case. Accordingly, the accuracy of the financial
affidavit could have been questioned in those
proceedings. The appellee had an opportunity to
question the accuracy of the affidavit * * *
* * * * * * *
Here, as in DeClaire, the fraud perpetrated by
appellant in connection with the filing of his
financial affidavit, if indeed the affidavit was false,
was intrinsic fraud and did not constitute fraud upon
the court.
we conclude that this case must be remanded to the
trial court with instructions to dismiss the wife's
complaint with leave to file an amended complaint
should the wife feel that she can properly and in good
faith allege misconduct by attorney Harden or collusion
between Harden and her husband or her husband's
attorney which prevented her from presenting her case
in the divorce action. Conduct by an attorney which
amounts to connivance at the defeat of his own client,
or conduct by a party which prevents an opposing party
from fairly presenting his or her claim or defenses
does constitute fraud on the court. * * * [Id. at
1273-1274].
On remand, after Faye had filed an amended complaint, the
Fourth Judicial Circuit held a 3-day trial. In its judgment
4(...continued)
1984, Order for Temporary Alimony.
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