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AVANT v. WAITES

No. S-393.

295 So.2d 362 (1974)

Mrs. Fenton Davis AVANT, Appellant, v. Connie WAITES, Appellee.

District Court of Appeal of Florida, First District.

June 6, 1974.

Attorney(s) appearing for the Case

William C. Owen and Thomas F. Panebianco, Carswell, McKenzie, Dean & Owen, and Lawrence Renfroe, Tallahassee, for appellant.

Keith J. Kinderman, and Ben H. Wilkinson, Pennington, Wilkinson & Sauls, Tallahassee, for appellee.

BOYER, Judge.

The question before us is whether a trial court, after affirmance on appeal of a judgment, may thereafter entertain a timely motion pursuant to Rule 1.540(b) RCP, 31 F.S.A., without first obtaining leave of the appellate court which theretofore affirmed the judgment. Our answer is: "Yes". In so holding we are not unaware that we collide with holdings of some of our sister District Courts of Appeal. We have been cited to no decision of our Supreme Court...

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