FLORIDA ROCK SAND COMPANY INC v. CREDIT GENERAL INSURANCE COMPANY INC (2000)

District Court of Appeal of Florida,Third District.

FLORIDA ROCK & SAND COMPANY, INC., Appellant, v. CREDIT GENERAL INSURANCE COMPANY, INC., Appellee.

No. 3D99-2119.

Decided: February 23, 2000

Before LEVY, GODERICH, and FLETCHER, JJ.

Elder, Kurzman & Vaccarella, Michael J. Kurzman and Maury L. Udell, Miami, for appellant. Welbaum, Guernsey, Hingston, Greenleaf & Gregory and John H. Gregory, Coral Gables, for appellee.

We affirm the denial of the plaintiff's motion to vacate a final summary judgment. A review of the record reflects that the trial court did not abuse its discretion by denying the motion to vacate because the plaintiff failed to present new material evidence that was not discoverable at the time that final summary judgment was entered. E.I. DuPont De Nemours & Co. v. Native Hammock Nursery, Inc., 698 So.2d 267 (Fla. 3d DCA 1997), review denied, 707 So.2d 1126 (Fla.1998).

Affirmed.

PER CURIAM.

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