DAUGHARTY v. DAUGHARTY

No. AV-467.

456 So.2d 1271 (1984)

John F. DAUGHARTY, Appellant, v. Faye Eubanks DAUGHARTY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 29, 1984.


Attorney(s) appearing for the Case

Barry L. Zisser of Zisser, Robison, Spohrer, Wilner & Harris, Jacksonville, for appellant.

William H. Maness of Maness & Kachergus, Jacksonville, for appellee.


THOMPSON, Judge.

In this appeal from a partial summary judgment rendered in an independent action to vacate the prior final judgment which dissolved the marriage of the parties and adopted and approved their property settlement agreement, the appellant (husband) asserts that the appellee (wife) failed to plead or prove the perpetration by the husband of the sort of extrinsic fraud which can be denominated fraud upon the court and which will warrant the vacation of...

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