Klayman v. Portfolio Media, Inc.
The Fourth DCA affirmed dismissal of Larry Klayman's Rule 1.540 action against Law360/Portfolio Media and their counsel, which alleged fraud on the court in the underlying defamation case over Klayman's D.C. Bar suspension. The court held the action was time-barred as intrinsic (not extrinsic) fraud, and separately held that Florida's anti-SLAPP statute (§768.295) applies to Rule 1.540 motions targeting protected speech — including news reporting on attorney disciplinary proceedings and counsel's litigation advocacy.
Key facts
- Larry Klayman, an attorney, originally sued Portfolio Media, Inc. (d/b/a Law360), two reporters, and their litigation counsel for defamation based on six Law360 articles reporting on Klayman's disciplinary proceedings and suspension from practice in Washington, D.C.; that action was dismissed with prejudice and the dismissal was affirmed on appeal.
- More than two years after the defamation dismissal, Klayman filed a new action under Florida Rule of Civil Procedure 1.540 alleging that the defendants committed fraud on the court in the prior proceeding by asserting that a disputed statement resulted from a transcription error and arguing that Klayman did not act with actual malice.
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Holdings
- Rule 1.540(b)(3) allows relief from final judgment for fraud but requires the motion be raised within one year of the challenged judgment. Time is measured from entry of the challenged…
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Why it matters
This opinion extends anti-SLAPP protection to Rule 1.540 proceedings, confirming that a litigant cannot use the fraud-on-the-court mechanism as a back-door around the one-year limitation or as a vehicle to reopen… — full analysis with a trial
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