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FAGAN v. POWELL

No. 70-352.

237 So.2d 579 (1970)

Dr. Lewis FAGAN, Appellant, v. Linda POWELL, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 4, 1970.

Attorney(s) appearing for the Case

Preddy, Haddad, Kutner & Hardy, Blackwell, Walker & Gray, and James E. Tribble and John R. Hoehl, Miami, for appellant.

Rosenblatt & Roemer, Horton & Schwartz, Miami, for appellee.

Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.

PEARSON, Chief Judge.

This is an appeal from an order granting plaintiff-appellee's motion for relief from a final judgment, pursuant to Rule 1.540(b) (3), Florida Rules of Civil Procedure, 31 F.S.A. The motion for relief under the rule was grounded on the assertion that the final judgment in this cause had been obtained by fraud and misconduct of the appellant. The court made the following findings:

"* * * by and on the basis of clear and convincing evidence...

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