Saf-T-Clean v. Martin-Marietta Corporation

After the previous decision of this court in Lesperance v. Lesperance, Fla.App.1970, 233 So.2d 859, cert. denied 238 So.2d 429, Don E. Lesperance instituted an action for partition of the real property owned by the parties as tenants in common. After the partition suit became ripe for final adjudication, Don Lesperance appeared before the trial court in the partition suit [he was before the same trial court in the partition suit as in the original cancellation and rescission action and the causes were apparently consolidated] and sought a number of things: First, to discharge his lawyers; second, to dismiss the partition suit; and third, to have the prior final order entered in the cancellation and rescission suit vacated because of alleged fraud on the court.