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BROWN v. McMILLIAN

No. 98-2417.

737 So.2d 570 (1999)

Charles E. BROWN and Wife, Maggie Brown, Appellants, v. Quinn A. McMILLIAN, Sheriff of Walton County, Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 4, 1999.

Attorney(s) appearing for the Case

William E. Eddins of Eddins, Ridlehoover & Barnes, Pensacola; Harry L. Harper, Panama City, for Appellants.

Julius F. Parker, Jr., of The Parker Law Firm, Tallahassee, for Appellee.

ERVIN, J.

Appellants, Charles E. and Maggie Brown, seek to reverse an order granting a motion to set aside a judgment based on newly discovered evidence, which was filed by appellee Quinn A. McMillian, Sheriff of Walton County, pursuant to Florida Rule of Civil Procedure 1.540(b), and the granting of a new trial. We agree with appellants that the evidence in question could have been discovered before trial by the sheriffs exercise of due diligence in the pretrial...

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