Meyers v. Meyers

We reverse the trial court’s order which dismissed with prejudice the mother’s independent action to set aside a Florida final judgment awarding custody of the parties’ children to the father. The mother’s petition, the allegations of which must be taken as true, Raney v. Jimmie Diesel Corp., 362 So.2d 997 (Fla. 3d DCA 1978); Temples v. Florida Industrial Construction Co., 310 So.2d 326 (Fla. 2d DCA 1975); Hembree v. Reaves, 266 So.2d 362 (Fla. 1st DCA 1972); Bond v. Koscot Interplanetary, Inc., 246 So.2d 631 (Fla. 4th DCA 1971), set forth that at the time of the father’s petition upon which…