Reynolds v. Peace

District Court of Appeal of Florida

Reynolds v. Peace

487 So. 2d 397, 11 Fla. L. Weekly 982, 1986 Fla. App. LEXIS 7462

District Court of Appeal of Florida·Decided April 25, 1986·No. No. 85-1989·Published

Opinion

OPINION

PER CURIAM.

Under Florida Rule of Civil Procedure 1.540(b), the trial court did not have jurisdiction to consider appellee’s motion for relief from final judgment. Appellee’s motion exceeded the one year time limit imposed by the rule. Furthermore, the record does not evidence fraud upon the court. Lewis v. Mack, 411 So.2d 933 (Fla. 2d DCA 1982).

[398]*398Accordingly, the order setting aside the final judgment of paternity is reversed and the cause remanded with directions to reinstate the original final judgment of paternity-

RYDER, C.J., and SCHEB and SAND-ERLIN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

PER CURIAM.

Under Florida Rule of Civil Procedure 1.540(b), the trial court did not have jurisdiction to consider appellee’s motion for relief from final judgment. Appellee’s motion exceeded the one year time limit imposed by the rule. Furthermore, the record does not evidence fraud upon the court. Lewis v. Mack, 411 So.2d 933 (Fla. 2d DCA 1982).

[398]*398Accordingly, the order setting aside the final judgment of paternity is reversed and the cause remanded with directions to reinstate the original final judgment of paternity-

RYDER, C.J., and SCHEB and SAND-ERLIN, JJ., concur.

Reynolds v. Peace, 487 So. 2d 397, 11 Fla. L. Weekly 982, 1986 Fla. App. LEXIS 7462 (Fla. Ct. App. 1986).

Pincite

487 So. 2d 397 (Reynolds v. Peace) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related