This case has been cited 1 times or more.
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2009-04-24 |
CHICO-NAZARIO, J. |
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| Where fraud is the ground, the fraud must be extrinsic or collateral.[41] The extrinsic or collateral fraud that invalidates a final judgment must be such that it prevented the unsuccessful party from fully and fairly presenting his case or defense and the losing party from having an adversarial trial of the issue. There is extrinsic fraud when a party is prevented from fully presenting his case to the court as when the lawyer connives to defeat or corruptly sells out his client's interest.[42] Extrinsic fraud can be committed by a counsel against his client when the latter is prevented from presenting his case to the court.[43] | |||||