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O'NEAL v. STEWART

No. 72-592.

273 So.2d 423 (1973)

Napoleon O'NEAL, Appellant, v. Rufus Bryan STEWART and State Farm Mutual Automobile Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

February 26, 1973.

Attorney(s) appearing for the Case

Howard Warren, Cocoa Beach, for appellant.

James O. Driscoll, of Driscoll, Conrad & Langston, Orlando, for appellees.

PER CURIAM.

The sole issue in this case is whether the trial court abused its discretion when it denied plaintiff's motion to vacate a summary judgment in favor of defendants. The motion was founded on Rule 1.540(b), RCP 31 F.S.A. We have carefully reviewed the motion and the procedural history leading up to its denial. Based thereon and on the briefs and oral argument, we hold that an abuse of discretion by the trial court...

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