Riley v. Gustinger

This is an interlocutory appeal by the defendant below from a post judgment order denying a motion filed under Rule 1.540(b) FRCP, 31 F.S.A., for relief from an adverse foreclosure judgment.

The appellant Riley had given to the ap-pellee Gustinger, his attorney, a note for $2,500 with a mortgage on certain real estate to secure payment of fees which should become due to the attorney. Riley was the defendant in an action for malicious prosecution, in which Gustinger was his attorney of record. In that action Gustinger voluntarily withdrew as attorney, prior to trial while the cause was in the…