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SMILES v. YOUNG

No. 72-717.

271 So.2d 798 (1973)

Steven M. SMILES et al., Appellants, v. Betty McCutcheon YOUNG, As Administratrix of the Estate of Donald T. McCutcheon, Deceased, and Madeline McCutcheon, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 5, 1973.

Attorney(s) appearing for the Case

Carey, Dwyer, Austin, Cole & Selwood and Steven Berger, Miami, for appellants.

Horton, Schwartz & Perse, Snyder, Young & Stern, Miami, for appellees.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PEARSON, Judge.

The appellants were the defendants in a personal injury action brought by the appellees. A settlement was reached through negotiation, the amount of the settlement was paid, the parties stipulated for the dismissal of the cause with prejudice to the plaintiffs, and final judgment was entered on the stipulation. Thereafter, the plaintiffs brought a motion pursuant to Rule 1.540(b)(1) and (3), RCP, 31 F.S.A...

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