Martin County v. Carr

District Court of Appeal of Florida

Martin County v. Carr

704 So. 2d 1102, 1997 Fla. App. LEXIS 14511, 1997 WL 795314

CourtDistrict Court of Appeal of Florida

DecidedDecember 31, 1997

DocketNo. 97-0729

StatusPublished

This text of 704 So. 2d 1102 (Martin County v. Carr) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin County v. Carr, 704 So. 2d 1102, 1997 Fla. App. LEXIS 14511, 1997 WL 795314 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

Martin County obtained a final judgment in November, 1994, requiring appellee to remove a mobile home from her property. More than one year after the judgment ap-pellee filed a 1.540(b) motion to set aside the judgment. The trial judge granted that motion, set aside the judgment, and the county appeals. Because the motion was filed more than one year after the judgment, the only basis for setting aside the judgment in this case would be fraud upon the court. Appel-[1103]*1103lee’s motion did not allege any facts which could constitute fraud upon the court, nor did she present any evidence of fraud upon the court. We therefore reverse the order vacating the final judgment.

STONE, C.J., and KLEIN and GROSS, JJ., concur.

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PER CURIAM.

Martin County obtained a final judgment in November, 1994, requiring appellee to remove a mobile home from her property. More than one year after the judgment ap-pellee filed a 1.540(b) motion to set aside the judgment. The trial judge granted that motion, set aside the judgment, and the county appeals. Because the motion was filed more than one year after the judgment, the only basis for setting aside the judgment in this case would be fraud upon the court. Appel-[1103]*1103lee’s motion did not allege any facts which could constitute fraud upon the court, nor did she present any evidence of fraud upon the court. We therefore reverse the order vacating the final judgment.

STONE, C.J., and KLEIN and GROSS, JJ., concur.

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Bluebook (online)

704 So. 2d 1102, 1997 Fla. App. LEXIS 14511, 1997 WL 795314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-county-v-carr-fladistctapp-1997.