Florida District Courts of Appeal, 1989

Lichtman v. Lichtman

Florida District Courts of Appeal · Decided January 11, 1989 · Gunther, Letts, Stone

537 So. 2d 155; 14 Fla. L. Weekly 167; 1989 Fla. App. LEXIS 75; 1989 WL 6310 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

LETTS and STONE, JJ., concur. GUNTHER, J., dissents with opinion.

Dissenting Opinion

GUNTHER, Judge,

dissenting.

I respectfully dissent. I agree with the majority opinion in that the motion to set aside the final judgment of dissolution was *156legally insufficient. The motion filed pursuant to rule 1.540(b), Florida Rules of Civil Procedure, failed to adequately allege fraud.

However, in my view, the trial court abused its discretion in failing to grant the movant’s ore tenus motion to amend the pleading. Matters should be resolved on their merits and I believe the trial court erred in denying the motion to amend.

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