FLORIDA ROCK SAND
v.
CREDIT GEN

District Court of Appeal of Florida, Third DistrictFeb 23, 2000
752 So. 2d 1233 (Fla. Dist. Ct. App. 2000)

No. 3D99-2119.

Opinion filed February 23, 2000.

An Appeal from the Circuit Court for Dade County, David L. Tobin, Judge, L.T. No. 93-19163.

Elder, Kurzman Vaccarella, Michael J. Kurzman and Maury L. Udell, for appellant.

Welbaum, Guernsey, Hingston, Greenleaf Gregory and John H. Gregory, for appellee.

Before LEVY, GODERICH, and FLETCHER, JJ.


We affirm the denial of the plaintiff's motion to vacate a final summary judgment. A review of the record reflects that the trial court did not abuse its discretion by denying the motion to vacate because the plaintiff failed to present new material evidence that was not discoverable at the time that final summary judgment was entered. E.I. Dupont De Nemours Co. v. Native Hammock Nursery, Inc., 698 So.2d 267 (Fla. 3d DCA 1997), review denied, 717 So.2d 1126 (Fla. 1998).

Affirmed.