Shongut v. Malnik

BARKDULL, Chief Judge.

By these consolidated appeals, we are called upon to review a post-final summary judgment order denying a motion for relief pursuant to Rule 1.38(b), Florida Rules of Civil Procedure, 30 F.S.A., and an order of a chancellor denying a motion to dismiss, motion for summary decree and motion to strike. We affirm both orders.

It is apparent that the matters attempted to be brought to the attention of the trial judge in the common law action could have been available to the movant during the trial proceedings. Therefore, we find no abuse of discretion by the trial judge in…