Does Florida Family Law Rule of Procedure 12.540 always means what it says: that there is “no time limit” on motions seeking relief from fraud committed in a family law financial affidavit.
The answer is “Yes” according to a recent opinion from Florida’s First District Court of Appeals. In this instance the fraud allegations were not asserted until eleven years after the final judgment of dissolution.
The Court of Appeals reversed the final order dismissing Appellant/Former Wife’s motion for relief from judgment and remanded for further proceedings on her motion. However, due to the potentially far reaching implications of allowing such an unprecedented but facially permissible delay in other cases, Court of Appeals certified this “question” to the Supreme Court of Florida.
You can read the case here: Mason v. Mason.
