KIMBROUGH v. McCRANIE

No. Z-207.

325 So.2d 70 (1976)

Morrison KIMBROUGH and Pace Finance Company, Inc., a Florida Corporation, Appellants, v. Ronnie McCRANIE, Appellee.

District Court of Appeal of Florida, First District.

January 16, 1976.


Attorney(s) appearing for the Case

Allen W. Lindsay, Beall, Lindsay & Lindsay, P.A., Milton, for appellants.

Bill E. Parker and T. Sol Johnson, Milton, for appellee.


SMITH, Judge.

The trial court dismissed this independent action to set aside, as having been obtained by fraud on the court, a money judgment entered for appellee McCranie against appellants Kimbrough and Pace. Dismissing the action, the trial court ruled that the petition was untimely filed because more than a year had elapsed since the judgment was entered. Rule 1.540(b)(3), R.C.P. While the petition thus dismissed was filed as an independent action and not in the...

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