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NATIVE HAMMOCK NURSERY, INC. v. E.I. DuPONT

No. 3D99-1558.

774 So.2d 727 (2000)

NATIVE HAMMOCK NURSERY, INC., Appellant, v. E.I. DuPONT DE NEMOURS & COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 3, 2001.

Attorney(s) appearing for the Case

Fowler, White, Burnett, Hurley, Banick & Strickroot and Steven E. Stark and June G. Hoffman, for appellant.

Carlton, Fields, Ward, Emmanuel, Smith & Cutler and Wendy F. Lumish and Matthew J. Conigliaro, for appellee.

Before GODERICH, FLETCHER, and SHEVIN, JJ.

FLETCHER, Judge.

Native Hammock Nursery, Inc. [the Nursery] appeals an order denying its motion for relief from final judgment filed pursuant to Rule 1.540(b), Florida Rules of Civil Procedure. We reverse the order and direct further proceedings.

The central issue is whether the Nursery's 1.540(b) motion was timely filed. The initial facts of this matter may be found in E.I. DuPont de Nemours & Co. v. Native Hammock Nursery, Inc.,

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