Florida District Courts of Appeal, 1986

Reynolds v. Peace

Reynolds v. Peace
Florida District Courts of Appeal · Decided April 25, 1986 · Erlin, Ryder, Sand, Scheb
487 So. 2d 397; 11 Fla. L. Weekly 982; 1986 Fla. App. LEXIS 7462 (Southern Reporter, Second Series)

Reynolds v. Peace

Opinion of the Court

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).

*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.

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