Florida District Courts of Appeal, 2003

Vassell v. Boatwright

Vassell v. Boatwright
Florida District Courts of Appeal · Decided July 16, 2003 · Green, Nesbitt, Shevin
849 So. 2d 462; 2003 Fla. App. LEXIS 10830; 2003 WL 21659109 (Southern Reporter, Second Series)

Vassell v. Boatwright

Opinion of the Court

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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