Bernard G. Keirsey III v. Debora Duncan f/k/a Keirsey

Divorce: alimony: intrinsic fraud allegation

CSA No. 0794, Sept. Term 2011. Unreported. Opinion by Meredith, J. Filed July 17, 2013. Appeal from Anne Arundel County. Affirmed. 7 pages.

The motion to revise a three-year-old final judgment was properly denied because appellant had failed to allege extrinsic fraud, mistake or irregularity; even assuming arguendo that his ex-wife had given perjured testimony regarding her assets, perjury constitutes intrinsic fraud and cannot serve as a basis for a court to exercise revisory power over a final judgment pursuant to Rule 2-535(b).

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