Townsend v. Lane

District Court of Appeal of Florida

Townsend v. Lane

659 So. 2d 720, 1995 Fla. App. LEXIS 9246, 1995 WL 516472

District Court of Appeal of Florida·Decided September 1, 1995·No. No. 94-1913·Published·Cited by 2 cases

Opinion

PER CURIAM.

AFFIRMED. Flemenbaum v. Flemenbaum, 636 So.2d 579 (Fla. 4th DCA 1994) (To entitle a movant to an evidentiary hearing, a rule 1.540(b)(3) motion must specify the fraud and explain why the fraud, if it exists, would entitle the movant to have the judgment set aside); Shienvold v. Habie, 627 So.2d 1203, 1205 (Fla. 4th DCA 1993) (“Because appellant did not specifically plead the two grounds that would have formed a basis for relief — fraud and coercion — the trial court correctly dismissed the petition for failure to state a cause of action.”), rev. denied, 640 So.2d 1107 (Fla.1994).

AFFIRMED.

PETERSON, C.J., and GOSHORN and HARRIS, JJ., concur.

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PER CURIAM.

AFFIRMED. Flemenbaum v. Flemenbaum, 636 So.2d 579 (Fla. 4th DCA 1994) (To entitle a movant to an evidentiary hearing, a rule 1.540(b)(3) motion must specify the fraud and explain why the fraud, if it exists, would entitle the movant to have the judgment set aside); Shienvold v. Habie, 627 So.2d 1203, 1205 (Fla. 4th DCA 1993) (“Because appellant did not specifically plead the two grounds that would have formed a basis for relief — fraud and coercion — the trial court correctly dismissed the petition for failure to state a cause of action.”), rev. denied, 640 So.2d 1107 (Fla.1994).

AFFIRMED.

PETERSON, C.J., and GOSHORN and HARRIS, JJ., concur.

Townsend v. Lane, 659 So. 2d 720, 1995 Fla. App. LEXIS 9246, 1995 WL 516472 (Fla. Ct. App. 1995).

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