487 So. 2d 397

Regina Marie REYNOLDS, and the State of Florida, Department of HRS Child Support Enforcement, Appellants, v. Pedro PEACE, Appellee.

No. 85-1989.

District Court of Appeal of Florida, Second District.

April 25, 1986.

Geraldyne H. Carlton, Lakeland, for appellants.

No appearance for appellee.

OPINION

PER CURIAM.

Under Florida Rule of Civil Procedure 1.540(b), the trial court did not have jurisdiction to consider appellee’s motion for relief from final judgment. Appellee’s motion exceeded the one year time limit imposed by the rule. Furthermore, the record does not evidence fraud upon the court. Lewis v. Mack, 411 So.2d 933 (Fla. 2d DCA 1982).

*398Accordingly, the order setting aside the final judgment of paternity is reversed and the cause remanded with directions to reinstate the original final judgment of paternity-

RYDER, C.J., and SCHEB and SAND-ERLIN, JJ., concur.

Reynolds v. Peace
487 So. 2d 397

Case Details

Name
Reynolds v. Peace
Decision Date
Apr 25, 1986
Citations

487 So. 2d 397

Jurisdiction
Florida

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