Under Florida law, the use of allegedly fraudulent affidavits would constitute ―intrinsic‖ fraud. Parker v. Parker, 950 So. 2d 388, 391 (Fla. 2007) (quoting DeClair v. Yohanan, 453 So. 2d 375, 377 (Fla. 1984), superseded on other grounds by statute, FLA. R. CIV. P. 1.540(b)); Southeast Bank v. Almeida, 693 So. 2d 1015, 1020 (Fla. 3d DCA 1997). ―Intrinsic fraud‖ is ―fraudulent conduct that arises within a proceeding and pertains to the issues in the case that have been tried or could have been tried.

Kougasian v. TMSL, Inc., 359 F.3d 1136 (9th Cir. 2004). Coursen brought this case pursuant to Fla.R.Civ.P. 1.540 (b) (6) which provides for vacation of a judgment that is the product of extrinsic fraud. IIX & IX Plaintiff’s First Amended Complaint sufficiently Alleges FIS’s Liability from 2004 through 2008 because it pleads facts that support the allegations that FIS was a coconspirator and that FIS and the LPS Defendants are instrumentalities of each other and engaged in illegal conduct.

And we haven’t been paid anything since August of 2010.” [Emphasis added]. On October 21, 2011, the plaintiff’s attorney in the Bermudez State Case, filed a Motion for Relief Pursuant to Florida Rule of Civil Procedure 1.540(b) against Defendants Lewis Tein, which included copies of checks and check stubs showing that contrary to Defendant Tein’s representations under oath, in open court, and in the presence of Defendant Lewis to the Circuit Court on August 30, 2011, the Miccosukee Tribe, and not the defendants, had paid Defendants Lewis and Tein three million one hundred eleven thousand five hundred sixty-seven dollars and sixty- three cents ($3,111,567.63) in legal fees for the representation