MENDEZ-PEREZ v. PEREZ-PEREZ

No. 93-606.

632 So.2d 1047 (1993)

Maria E. MENDEZ-PEREZ, M.D., Appellant, v. Jorge H. PEREZ-PEREZ, M.D., Appellee.

District Court of Appeal of Florida, Third District.

Order Denying Rehearing and Certifying Question March 1, 1994.

As Amended March 22, 1994.


Attorney(s) appearing for the Case

Maurice Jay Kutner and Carolyn W. West, Miami, for appellant.

Michael A. Lipsky, Miami, for appellee.

Before NESBITT, BASKIN and GERSTEN, JJ.


PER CURIAM.

Appellant, Maria Mendez-Perez (wife), appeals from dismissal of her petition to set aside final judgment pursuant to Rule 1.540(b), Florida Rules of Civil Procedure. We affirm.

The issue in this case is whether Rule 1.540(b), as amended effective January 1, 1993, can be retroactively applied to a final judgment entered on July 20, 1990. The amendment eliminated the one year restriction on the ability to set aside a judgment based upon fraudulent...

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