April 26, 2001

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Judge  George W. Greer    

          

April 26, 2001
File No. 90-2908-GD-003

   This Cause came before the Court upon the Respondentís Petition for Relief from Order and Petition for Restraining Order, and attached affidavits,  with a certificate of service date of April 26, 2001.  The Court, having carefully considered said Petition and attached affidavits, and having reviewed applicable statutory and case law, and being otherwise fully advised in the premises, finds as follows:

 

1.                 Respondentís Petition seeks relief from this Courtís Order of February 11, 2000, pursuant to Fla.R.Civ.P.1.540 based on alleged newly discovered evidence.

2.                 The alleged newly discovered evidence in the testimony of a former girlfriend of Michael Schiavo who has allegedly come forward with information that Michael Schiavo committed perjury at the trial of this cause as to Terri Schiavoís intent about end-of-life decision-making.

3.                 False testimony given in a proceeding has been expressly held to be intrinsic fraud. See DeClaire v. Yohanan,453 So.2d 375,377(Fla.1984).

4.                 Fla.R.Civ.P. 1.540 subsection (b),which although not specifically cited by the Respondent provides the basis for relief based upon newly discovered evidence under(b)(2), and which provides the basis for relief from intrinsic fraud under (b)(3), provides further that a motion for such relief ďshall be made within a reasonable time Ö not more than 1 year after the judgment, decree, order, or proceeding was entered or taken.Ē

5.                 As Respondent has alleged newly discovered evidence and intrinsic fraud, Respondentís Petition is barred by the one-year limitations period which such attacks must be made since the limitations period expired February 11, 2001, and Respondentís Petition was filed April 26, 2001.

Based on the foregoing, it is

   ORDERED AND ADJUDGED that Respondentís Petition for Relief from Order and Petition for Restraining Order is hereby denied.

DONE AND ORDERED in Chambers, at Clearwater,Pinellas County, Florida this 26 day of April 2001.

Signed

GEORGE W. GREER

CIRCUIT JUDGE

Copies furnished to:

Patricia Fields AndersonEsq.

James D. Eckert,Esq.

George J. Felos, Esq.

Joseph D. Magri, Esq.

 

 
 

 

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