Hitt v. Hitt

DOWNEY, Judge.

This is a non-final appeal taken pursuant to Florida Rule of Appellate Procedure 9.130(a)(5) from an order denying appellant’s rule 1.540(b), Florida Rules of Civil Procedure, motion to vacate a final judgment of dissolution of marriage. The motion to vacate was filed within one year of the judgment.

Appellant, Marion Elaine Hitt (wife), and appellee, Robert Arden Hitt (husband), were divorced in November, 1986, after twenty-five years of marriage. At the time of the hearing on the motion to vacate, the husband was age fifty-five and the wife was age forty-five. They had two…