MARTIN v. WILCOX

No. 1D03-2291.

876 So.2d 695 (2004)

Thomas J. MARTIN, Appellant, v. Richard T. WILCOX, Allan A. Funkhouser, and Martha W. Funkhouser, his wife, and Earl L. Landrum and Melissa L. Landrum, his wife, Appellees.

District Court of Appeal of Florida, First District.

June 29, 2004.


Attorney(s) appearing for the Case

Michael J. Korn, Korn & Zehmer, P. A., Jacksonville, for Appellant.

Clyde W. Davis, Esquire, Fernandina Beach, for Appellees.


PER CURIAM.

The appellant appeals the April 28, 2003 order of the trial court denying his motion for rehearing and upholding the previous order that enforced the settlement agreement ("Settlement Agreement") entered into between the parties. The appellant contends that the trial court erred by not substantively considering his motion as a timely collateral attack authorized by the order approving the Settlement Agreement. We agree, and therefore, reverse and remand...

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