Bell v. All Persons Claiming Any Estate, Right, Title, or Interest in, or Lien Upon, the Real Property

PEARSON, Judge.

The appellant was granted a summary final decree in a suit to quiet the title to a parcel of land claimed by the City of Miami as a city street. Thereafter the City of Miami, a defendant in the suit, filed a motion for relief pursuant to Rule 1.38(b) Florida Rules of Civil Procedure, 1965 Revision (now Rule 1.540(b), 1967 Revision, 30 F.S.A.). The motion for relief was filed more than 90 days after the entry of the final decree and less than one year from its entry. At the same time the City filed a sworn motion for immediate temporary injunctive relief in order to preserve the…