After One Year, Judgment Can Only Be Set Aside for Extrinsic Fraud

On February 25, 2010, an agreed final judgment of foreclosure wasentered pursuant to a settlement agreement between the original lenderand the defendants/appellees.On August 31, 2012, the defendantsfiled an objection to the sale and arule 1.540(b) motion to vacate the February 2010 final judgment offoreclosure. The trial court denied thedefendants’ motion.

The Fourth DCA ruled that a trial court loses jurisdiction to entertain a motion to vacate a final judgment under Florida Rule of Civil Procedure 1.540 (b) after one year, including motions for “fraud on the court,” and upheld the trial court’s ruling. Only “extrinsic fraud,” i.e., that fraud which is outside and collateral to the issues tried in the case, may be raised beyond the one year period.

NAFH Nat. Bank v. Aristizabal, 2013 WL 3811356 (Fla. 4th DCA 2013).