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QUITTNER v. QUITTNER

No. 98-56.

725 So.2d 1168 (1998)

Sandy QUITTNER, Appellant, v. Robert QUITTNER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 10, 1999.

Attorney(s) appearing for the Case

Fixel & La Rocco and August La Rocco, Hollywood, for appellant.

Barry S. Franklin, North Miami and Catherine J. MacIvor, Miami Beach, for appellee.

Before SCHWARTZ, C.J., and SHEVIN and SORONDO, JJ.

SHEVIN, Judge.

Sandy Quittner appeals an order setting aside the child custody and lump sum alimony provisions in a marital settlement agreement and incorporated in the final judgment. See Fla. R. Civ. P. 1.540(b)(3); Fla. Fam. L.R.P. 12.540. We reverse.

The trial court erred in setting aside the settlement agreement as the record does not contain evidence to establish proof of the elements of materiality...

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