ESTATE OF WILLIS v. GAFFNEY

No. 95-00345.

677 So.2d 949 (1996)

In re ESTATE OF Gwendolyn Gaffney WILLIS, Appellant, v. Richard GAFFNEY and Earl L. Gaffney, Appellees.

District Court of Appeal of Florida, Second District.

July 31, 1996.


Attorney(s) appearing for the Case

J. Davis Connor of Peterson, Myers, Craig, Crews, Brandon & Puterbaugh, P.A., Winter Haven, for Appellant.

Vince E. Turner of Joiner & Turner, Winter Haven, for Appellees.


LAZZARA, Judge.

The appellant, the Estate of Gwendolyn Gaffney Willis (the Estate), challenges an order denying a motion for new trial in which the trial court determined that the motion was untimely filed. We reverse and remand for further proceedings because the trial court erroneously treated the motion as one filed under Florida Rule of Civil Procedure 1.530(b) instead of 1.540(b).

On May 9, 1994, following a nonjury trial, the trial court rendered a final...

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