Wegener v. Florida Department of Insurance

This is an appeal from the denial of appellants’ motion to vacate a judgment for attorney’s fees and an appeal and cross-appeal from an order awarding attorney’s fees.1 We affirm.

The trial court correctly denied the appellant’s motion to vacate the final judgment of attorney’s fees based on newly discovered evidence, filed pursuant to Florida Rule of Civil Procedure 1.540(b)(2). The evidence offered by appellant in support of the motion does not constitute newly discovered evidence within the meaning of the rule. See Dade Nat’l Bank v. Kay, 131 So.2d 24, 26-27 (Fla. 3d DCA), cert. denied, 135…