Fischbein v. David Jenkins Associates Inc.

PEARSON, Judge.

Edward Fischbein, who is the appellant here, was the plaintiff in the trial court. He brought an independent action to be relieved from a prior judgment. The judgment appealed dismissed appellant’s amended complaint with prejudice pursuant to motion of the appellee. The language of appellant’s original complaint and, to some extent, of the amended complaint, is somewhat misleading in that each complaint is entitled, “An action for Damages.” Nevertheless, the amended complaint con*86tains a specific prayer for . . relief pursuant to rule 1.540, 31 F.S.A., which permits an…