ERACE v. ERACE

No. 3D03-1838.

895 So.2d 1226 (2005)

Joseph ERACE, Appellant, v. Diane K. ERACE and PNC Mortgage Corporation, et al., Appellees.

District Court of Appeal of Florida, Third District.

March 2, 2005.


Attorney(s) appearing for the Case

Eyal I. Friedman, for appellant.

Heller and Chames; and Jonathan A. Heller, and Deborah Chames, Miami, for appellees.

Before GERSTEN, SUAREZ, JJ., and SCHWARTZ, Senior Judge.


GERSTEN, J.

Appellant, Joseph Erace ("Erace"), seeks review of the trial court's adverse order denying his motion for relief from judgment and his motion to vacate the order of dismissal. We affirm.

Because Erace neither moved for rehearing nor appealed the trial court's summary judgment order, he cannot use Florida Rule of Civil Procedure, 1.540 to obtain relief. Rule 1.540 is designed for the correction of clerical mistakes and to provide a mechanism for...

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