HARRISON v. LA PLACIDA COMMUNITY ASS'N

No. 95-0583.

665 So.2d 1138 (1996)

Martha HARRISON, Appellant, v. LA PLACIDA COMMUNITY ASSOCIATION, INC., etc., et al., and American Reliance Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

January 10, 1996.


Attorney(s) appearing for the Case

Richard A. Sherman and Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., and James H. Wakefield of James H. Wakefield & Associates, P.A., Fort Lauderdale, for appellant.

Kenneth D. Cooper of Kenneth D. Cooper, P.A., Fort Lauderdale, for appellees — Carol Lynch and Sheila Babaganov.


PARIENTE, Judge.

Defendant Martha Harrison appeals from an order vacating a final order which had dismissed her from the lawsuit. We reverse because Florida Rules of Civil Procedure 1.540 cannot be used to reinstate a cause of action against a defendant who was dismissed based on an apparent mistake of law.

The procedural history of this case is quite convoluted and the record before us contains few pleadings. This lawsuit was originally brought by plaintiff...

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