Adams v. Smith

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CHARLES ADAMS, Appellant, v. Case No. 5D12-3077 SHERRY SMITH AND JAMES SMITH, Appellee. ________________________________/ Opinion filed October 18, 2012 Appeal from the Circuit Court for Putnam County, Carlos E. Mendoza, Judge. Terrance A. Jones, Fleming Island, for Appellant. Beth M. Coleman, of Beth M. Coleman, P.A., St. Petersburg, Marian B. Rush, of the Law Office of Rush and Glassman, Gainesville, and Kelly McNeal, of McNeal Yochim, P.L., Gainesville, for Appellee. PER CURIAM. Charles Adams appeals a final judgment awarding Sherry and James Smith $47,634.00 on their counterclaim, plus $11,237.50 in attorney's fees and costs. As the final judgment is valid on its face and Appellant does not allege any error on the merits, we affirm without further elaboration. The issues Appellant seeks to raise can only be addressed by motion pursuant to Florida Rule of Civil Procedure 1.540. We do not have jurisdiction to consider Appellant's rule 1.540 arguments in this appeal from the final judgment. AFFIRMED. SAWAYA, LAWSON and WALLIS, JJ., concur. 2

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