James Hresko asked the court to reopen his uncontested divorce for fraud because he said his ex-wife misrepresented her assets in negotiating a settlement agreement. But the Maryland courts will only reopen a case if the fraud is extrinsic, not intrinsic.
What is extrinsic fraud? Black’s Law Dictionary says it is the type of fraud which is collateral to the issues tried in the case. The court says it is fraud which actually prevents a trial. Examples of extrinsic fraud would be:
- An opponent keeps a party away from court.
- A false promise of compromise.
- A party did not have knowledge of the suit.
- An attorney pretends to represent someone they do not.
- An attorney corruptly sells out his client.
James said his ex prevented him from trying the case by keeping him away from the court with a false promise of compromise. To be continued.