District Court of Appeal of Florida

An order vacating an award of damages entered in plaintiff's favor three years earlier pursuant to a default judgment in a suit for fraud in the inducement, fraud, money lent, breach of contract, breach of fiduciary duty and civil theft, is reversed where defendants' claims of fraud were time barred, and there was no significant evidence or change in circumstances that would allow the trial court to vacate the damages judgment using Fla. R. Civ. P. 1.540(b)(5).

Appellate Information

• Decided 09/06/2006
• Published 09/06/2006

Judges

• POLEN, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Frank R. Brady and Jeanne C. Brady of Brady & Brady, P.A., Boca Raton, for appellant.


• For Appellees:
  
• J.D. Dickenson of Fowler White Boggs Banker P.A., West Palm Beach, and Kent Wicker of Reed Wicker PLLC, Louisville, KY, for appellees.