Vassell v. Boatwright

District Court of Appeal of Florida

Vassell v. Boatwright

849 So. 2d 462, 2003 Fla. App. LEXIS 10830, 2003 WL 21659109

District Court of Appeal of Florida·Decided July 16, 2003·No. No. 3D03-291·Published·Cited by 1 cases

Opinion

PER CURIAM.

On the record before us, we agree with the trial court that the former husband failed to establish by clear and convincing evidence that the dissolution judgment had been procured by the former wife’s fraud. We therefore find no gross abuse of discretion in the trial court’s denial of his motion to set aside the decree made pursuant to Rule 1.520(b), Fla. R. Civ. P., and affirm. See LPP Mortgage Ltd. v. Bank of America, N.A, 826 So.2d 462 (Fla. 3d DCA 2002) (whether a relief from judgment should be granted is a fact specific question; trial court’s ruling should not be disturbed on appeal absent a gross abuse of discretion).

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PER CURIAM.

On the record before us, we agree with the trial court that the former husband failed to establish by clear and convincing evidence that the dissolution judgment had been procured by the former wife’s fraud. We therefore find no gross abuse of discretion in the trial court’s denial of his motion to set aside the decree made pursuant to Rule 1.520(b), Fla. R. Civ. P., and affirm. See LPP Mortgage Ltd. v. Bank of America, N.A, 826 So.2d 462 (Fla. 3d DCA 2002) (whether a relief from judgment should be granted is a fact specific question; trial court’s ruling should not be disturbed on appeal absent a gross abuse of discretion).

Vassell v. Boatwright, 849 So. 2d 462, 2003 Fla. App. LEXIS 10830, 2003 WL 21659109 (Fla. Ct. App. 2003).

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