Arrieta-Gimenez v. Arrieta-Negron, ARRIETA-GIMENEZ

CourtUnited States State Supreme Court of Florida
Writing for the CourtKOGAN; EHRLICH
Citation551 So.2d 1184,14 Fla. L. Weekly 414
Decision Date31 August 1989
Docket NumberARRIETA-NEGRON,ARRIETA-GIMENEZ,No. 73222
Parties14 Fla. L. Weekly 414 Carmen Felicita, et al., Plaintiffs, Appellants, v. Alberto, et al., Defendants, Appellees.

Page 1184

551 So.2d 1184
14 Fla. L. Weekly 414
Carmen Felicita ARRIETA-GIMENEZ, et al., Plaintiffs, Appellants,
v.
Alberto ARRIETA-NEGRON, et al., Defendants, Appellees.
No. 73222.
Supreme Court of Florida.
Aug. 31, 1989.
Rehearing Denied Dec. 4, 1989.

Blas C. Herrero, Jr. and Ivan Diaz de Aldrey, Hato Rey, P.R., for plaintiffs, appellants.

Earl D. Waldin, Jr. of Kelley Drye & Warren including Smathers & Thompson, Miami, and Stanley L. Feldstein and Edward A. Godoy of Feldstein, Gelpi, Hernandez & Gotay, Old San Juan, P.R., for defendants, appellees.

KOGAN, Justice.

The United States Court of Appeals in and for the First Circuit has certified two questions which it finds determinative of this cause and for which there is no controlling Florida precedent. We have jurisdiction. Art. V, § 3(b)(6), Fla. Const. The two questions are as follows:

1. Is Fla.Stat. § 95.031(2), the 12-year statute of repose, constitutional under the "access to courts" or any other provision of the Florida Constitution, when applied to a fraud that was not discovered or discoverable until more than 12 years after the date of its commission?

2. Would the Florida courts give res judicata effect to a consent judgment approving a property settlement, if it could be shown more than one year later

Page 1185

that one party had fraudulently misrepresented to the other or concealed from the other party information that was material to the settlement?

Arrieta-Gimenez v. Arrieta-Negron, 859 F.2d 1033, 1042 (1st Cir.1988). Because we answer the second question in the affirmative, we need not address the first question. Id. at 1042-43.

This case involves a property settlement reached in 1960 by the parties to this action. The parties are the five children of the late Rafael Arrieta Rios (Mr. Arrieta), who died in 1958. Appellant is the daughter of Mr. Arrieta and his second wife; the four appellees are the children of Mr. Arrieta and his first wife. Aside from a legacy to his widow, Mr. Arrieta's will divided his extensive holdings in Puerto Rico and Florida equally between the five children. In 1960, the appellees contacted appellant, Arrieta-Gimenez, regarding her interest in Mr. Arrieta's estate. They presented appellant with a settlement offer that resolved a dispute over the division of their late father's estate. Appellant accepted the offer. The settlement was then reduced to a consent judgment in Dade County Court.

In 1983, appellant discovered that the appellees, in making the 1960 settlement offer, had misled her as to the extent of her father's holdings in Puerto Rico. She filed suit in the United States District Court in and for the District of Puerto Rico. The district court dismissed the action, and appellant appealed to the first circuit. The appellate court then certified the above questions to this Court for resolution.

With respect to the second certified question, we are called upon to...

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24 practice notes
  • Acheron Portfolio Tr. v. Mukamal, 18-CV-25099-MORE/STRAUSS
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • September 24, 2021
    ...issued by a Florida court.” Gallagher v. Dupont, 918 So.2d 342, 347 (Fla. 5th DCA 2005) (citing Arrieta-Gimenez v. Arrieta-Negron, 551 So.2d 1184, 1186 (Fla.1989)). Black's Law Dictionary defines an agreed judgment as “[a] settlement that becomes a court judgment when the judge sanctions it......
  • In re Zoernack, No. 00-07560-8W7.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Florida
    • January 24, 2003
    ...entitled to the same preclusive, res judicata effect as any other judgment issued by a Florida court." Arrieta-Gimenez v. Arrieta-Negron, 551 So.2d 1184, 1186 (Fla.1989). As stated by the Florida Supreme Court, "While it is true ... that a consent judgment is a judicially approved contract,......
  • In re Robinson, No. 2:05-bk-13915M.
    • United States
    • United States Bankruptcy Courts. Eighth Circuit. U.S. Bankruptcy Court — Eastern District of Arkansas
    • April 17, 2007
    ...F.2d 895, 900 (1st Cir.1990)(citing Arrieta-Gimenez v. Arrieta-Negron, 859 F.2d 1033, 1041 (1st Cir.1988)) (certified question answered, 551 So.2d 1184 (Fla.1989), summary judgment granted, 896 F.2d 16 (1st Applying these widely recognized principles of bankruptcy law and procedure, the Cou......
  • Medomak Canning, In re, Nos. 90-1311
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • August 1, 1990
    ...is appropriately applied here. Arrieta-Gimenez v. Arrieta-Negron, 859 F.2d 1033, 1041 (1st Cir.1988), certified question answered, 551 So.2d 1184 (Fla.1989), summary judgment granted, 896 F.2d 16 (1st Cir.1990) (per In this case, the district court found, we think correctly, that the Truste......
  • Request a trial to view additional results
24 cases
  • Acheron Portfolio Tr. v. Mukamal, 18-CV-25099-MORE/STRAUSS
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • September 24, 2021
    ...issued by a Florida court.” Gallagher v. Dupont, 918 So.2d 342, 347 (Fla. 5th DCA 2005) (citing Arrieta-Gimenez v. Arrieta-Negron, 551 So.2d 1184, 1186 (Fla.1989)). Black's Law Dictionary defines an agreed judgment as “[a] settlement that becomes a court judgment when the judge sanctions it......
  • In re Zoernack, No. 00-07560-8W7.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Florida
    • January 24, 2003
    ...entitled to the same preclusive, res judicata effect as any other judgment issued by a Florida court." Arrieta-Gimenez v. Arrieta-Negron, 551 So.2d 1184, 1186 (Fla.1989). As stated by the Florida Supreme Court, "While it is true ... that a consent judgment is a judicially approved contract,......
  • In re Robinson, No. 2:05-bk-13915M.
    • United States
    • United States Bankruptcy Courts. Eighth Circuit. U.S. Bankruptcy Court — Eastern District of Arkansas
    • April 17, 2007
    ...F.2d 895, 900 (1st Cir.1990)(citing Arrieta-Gimenez v. Arrieta-Negron, 859 F.2d 1033, 1041 (1st Cir.1988)) (certified question answered, 551 So.2d 1184 (Fla.1989), summary judgment granted, 896 F.2d 16 (1st Applying these widely recognized principles of bankruptcy law and procedure, the Cou......
  • Medomak Canning, In re, Nos. 90-1311
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • August 1, 1990
    ...is appropriately applied here. Arrieta-Gimenez v. Arrieta-Negron, 859 F.2d 1033, 1041 (1st Cir.1988), certified question answered, 551 So.2d 1184 (Fla.1989), summary judgment granted, 896 F.2d 16 (1st Cir.1990) (per In this case, the district court found, we think correctly, that the Truste......
  • Request a trial to view additional results

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