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HENRY v. HENRY

No. 2D09-53.

39 So.3d 557 (2010)

U. Samuel HENRY, Appellant, v. Nancy L. HENRY, Appellee.

District Court of Appeal of Florida, Second District.

July 21, 2010.

Attorney(s) appearing for the Case

Matthew J. Kovschak of The Law Offices of Matthew J. Kovschak, P.A., Bartow, for Appellant.

Jean Marie Henne of Jean M. Henne, P.A., Winter Haven, for Appellee.

KELLY, Judge.

In this appeal from a final judgment of dissolution of marriage, U. Samuel Henry (the Husband) challenges the order denying his motion for rehearing or alternatively for relief from judgment. Because we conclude that the Husband alleged sufficient facts to show a colorable claim for relief under Florida Rule of Civil Procedure 1.540(b), we reverse and remand for an evidentiary hearing on the Husband's motion. See Smith v. Smith,

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