On the Level Builders, Inc. v. Fiddes

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ON THE LEVEL BUILDERS, INC., Appellant, v. ROBERT J. FIDDES, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D06-2848 Opinion filed December 6, 2006. Appeal from nonfinal order of the Circuit Court for Collier County; Daniel R. Monaco, Judge. William D. Kramer of William D. Kramer, P.A., Naples, for Appellant. Mark V. Silverio and Brian M. Silverio of Silverio & Hall, P.A., Naples, for Appellee. WALLACE, Judge. On the Level Builders, Inc. (the Contractor) challenges the trial court's order that denied its motion to vacate a final judgment. The Contractor alleged that the judgment was obtained by fraud. Because we find that the Contractor's motion did not set forth a sufficient basis for relief under Florida Rule of Civil Procedure 1.540(b)(3), we affirm the trial court's order. See Flemenbaum v. Flemenbaum, 636 So. 2d 579, 580 (Fla. 4th DCA 1994). ALTENBERND and KELLY, JJ., Concur. -2-

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