Yribarren v. Capital Bank

District Court of Appeal of Florida

Yribarren v. Capital Bank

755 So. 2d 199, 2000 Fla. App. LEXIS 4556, 2000 WL 390343

District Court of Appeal of Florida·Decided April 19, 2000·No. No. 3D99-2502·Published

Opinion

PER CURIAM.

Charles R. Yribarren appeals an order dismissing his petition for relief from judgment in a 1988 replevin action which was concluded in 1993. The instant petition was filed in 1999. The trial court dismissed the petition with prejudice as being timebarred or barred by laches. See Fla. [200] R. Civ. P. 1.540(b)(3); DeClaire v. Yohanan, 453 So.2d 375 (Fla.1984); Southeast Bank, N.A. v. Almeida, 693 So.2d 1015 (Fla. 3d DCA 1997); Zuckerman v. Alex Hofrichter, PA., 630 So.2d 210 (Fla. 3d DCA 1993). We entirely agree. The appellant has shown' no legally sufficient basis on which to disturb the trial court’s ruling.

Affirmed.

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PER CURIAM.

Charles R. Yribarren appeals an order dismissing his petition for relief from judgment in a 1988 replevin action which was concluded in 1993. The instant petition was filed in 1999. The trial court dismissed the petition with prejudice as being timebarred or barred by laches. See Fla. [200] R. Civ. P. 1.540(b)(3); DeClaire v. Yohanan, 453 So.2d 375 (Fla.1984); Southeast Bank, N.A. v. Almeida, 693 So.2d 1015 (Fla. 3d DCA 1997); Zuckerman v. Alex Hofrichter, PA., 630 So.2d 210 (Fla. 3d DCA 1993). We entirely agree. The appellant has shown' no legally sufficient basis on which to disturb the trial court’s ruling.

Affirmed.

Yribarren v. Capital Bank, 755 So. 2d 199, 2000 Fla. App. LEXIS 4556, 2000 WL 390343 (Fla. Ct. App. 2000).

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Opinion

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