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RAGEN v. PARAMOUNT HUDSON, INC.

No. 82-1382.

434 So.2d 907 (1983)

R.E. RAGEN, Appellant, v. PARAMOUNT HUDSON, INC., Appellee.

District Court of Appeal of Florida, Third District.

As Amended on Denial of Rehearing August 11, 1983.

Attorney(s) appearing for the Case

S. Melvin Apotheker, Miami, for appellant.

Fowler, White, Burnett, Hurley, Banick & Strickroot and Ronald P. Weil, Miami, for appellee.

Before SCHWARTZ, C.J., FERGUSON, J. and HELIO GOMEZ, Associate Judge.

SCHWARTZ, Chief Judge.

We hold that the trial court erroneously denied the defendant-appellant's Fla.R.Civ.P. 1.540 motion to set aside the judgment against him on the basis of newly discovered evidence. The proffered unequivocal testimony of an independent witness that a previously sunken boat was not the one allegedly sold to the plaintiff would probably have changed the result of the trial, in which compensatory and punitive damages were assessed on the basis of...

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