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POTUCEK v. SMEJA

No. 82-1585.

419 So.2d 1192 (1982)

Frank POTUCEK, Appellant, v. Jill E. SMEJA, Appellee.

District Court of Appeal of Florida, Second District.

October 6, 1982.

Attorney(s) appearing for the Case

Joseph S. Alexander, Clearwater, for appellant.

John R. Haggitt of Farnell & Haggitt, Clearwater, for appellee.

ON MOTION TO DISMISS

GRIMES, Acting Chief Judge.

The timeliness of this appeal depends upon whether a motion for rehearing tolls the time for taking an appeal from an order granting relief from a judgment pursuant to Florida Rule of Civil Procedure 1.540(b).

Appellant (Potucek) obtained a default judgment against appellee (Smeja). Thereafter, following the dictates of rule 1.500(d), Smeja filed a motion to set aside the judgment pursuant to rule...

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