Fagan v. Powell

PEARSON, Chief Judge.

This is an appeal from an order granting plaintiff-appellee’s motion for relief from a final judgment, pursuant to Rule 1.540(b) (3), Florida Rules of Civil Procedure, 31 F.S.A. The motion for relief under the rule was grounded on the assertion that the final judgment in this cause had been obtained by fraud and misconduct of the appellant. The court made the following findings:

“ * * * by and on the basis of clear and convincing evidence that, in the jury trial of this cause, the Defendant, DR. LEWIS FAGAN, was guilty of fraud on the Court and other misconduct, in, inter…