Landis v. Landis

District Court of Appeal of Florida

Landis v. Landis

785 So. 2d 599, 2001 Fla. App. LEXIS 5150, 2001 WL 388017

District Court of Appeal of Florida·Decided April 18, 2001·No. No. 3D00-823·Published

Opinion

PER CURIAM.

Because the wife’s 1.540 motion was filed more than one year after the entry of final judgment of dissolution of marriage, the trial court lacked jurisdiction to entertain the grounds for relief alleged in the motion. Fla.R.Civ.P. 1.540(b). Further, although the wife did make an allegation of a fraudulent financial affidavit that could have been properly entertained by the court, Fla.Fam.L.R.P. 12.540 1 the wife’s allegation was merely conclusory and lacked specificity sufficient to state a basis for relief. Shienvold v. Habie, 627 So.2d 1203, 1205 (Fla. 4th DCA 1993), review denied, 640 So.2d 1107 (Fla.1994).

Accordingly, we reverse the order setting aside the settlement agreement.

Footnotes

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PER CURIAM.

Because the wife’s 1.540 motion was filed more than one year after the entry of final judgment of dissolution of marriage, the trial court lacked jurisdiction to entertain the grounds for relief alleged in the motion. Fla.R.Civ.P. 1.540(b). Further, although the wife did make an allegation of a fraudulent financial affidavit that could have been properly entertained by the court, Fla.Fam.L.R.P. 12.540 1 the wife’s allegation was merely conclusory and lacked specificity sufficient to state a basis for relief. Shienvold v. Habie, 627 So.2d 1203, 1205 (Fla. 4th DCA 1993), review denied, 640 So.2d 1107 (Fla.1994).

Accordingly, we reverse the order setting aside the settlement agreement.

Footnotes

Landis v. Landis, 785 So. 2d 599, 2001 Fla. App. LEXIS 5150, 2001 WL 388017 (Fla. Ct. App. 2001).

Pincite

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Opinion

Footnotes

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