Every action may be prosecuted in the name of the real party in interest, but a personalrepresentative, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expresslyauthorized by statute may sue in that person's own name without joining the party for whose benefit the action is brought... The Plaintiff, U.S. BANK¶S , meets none of thesestanding and pleading criteria.
"The determination of standing to sue concerns a court's exercise of jurisdiction to hear and decide the cause pled by a particular party."
Ford Canst. Corp.
626 SO.2d 1350,1352 (F1a.1993).
The integrity of the civil litigation process depends on the truthful disclosure of facts.
Metropolitan Dade County v. Martinson,
736 So.2d 794 (Fla. 3rd DCA
1999), Andrewsv. Palmas De Majorca Condo,
898 SO.2d 1066 (Fla. 5th DCA 2005).
Florida Rule 1540(b) also gives relief from judgment, decrees or orders if there is merit tothe case, which there is in this case. In paragraph (b) on motion and upon such terms thatare just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons:
Mistake, inadvertence, surprise, or excusable neglect;
. Newly discovered evidence which by due diligence could not have been discovered in time tomove for a new trial or rehearing; and
. Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party.
The rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order or proceeding or to set aside a judgment or decreefor fraud upon the court. From the plaintiff s own pleading, it is easy to see where therehave been both fraud and misrepresentation in this case.
HEREFORE, the defendant, YYYY
Moves this court to
DISSOLVE LIS PENDENS,TO CANCEL SALE, DISMISS CASE, DISMISS
BY: _________________________ Defendant.
On the _____ day of __________________, 2010 before me, ________________________, personally appeared _________________________________ who proved to me on the basis of satisfactory evidence to be the person whose name is above and acknowledge to me that she is the person that executed this instrument. I certify under PENALTY OF PERJURY under the laws of the State of FLORIDA that the foregoing paragraph is true and correct.