CITY OF CLEARWATER, Appellant, v. UNITED STATES STEEL CORPORATION, Appellee, 462 So. 2d 1171

PER CURIAM. Appellant, City of Clearwater, Florida, appeals from an order denying its motion for relief from

summary judgment. We affirm. In 1979, the Circuit Court in and for Pinellas County, Florida, entered a

summary judgment determining that the City of Clearwater was bound by a contract of annexation between it and appellee’s predecessor in interest. The

summary judgment enjoined the city from enforcing an ordinance that would rezone property belonging to appellee, United States Steel. This court affirmed that

summary judgment on March 5, 1980. On January 24,1984, the appellant filed a motion for relief from

summary judgment pursuant to Florida Rule of Civil Procedure 1.540(b). The appellant sought relief from the

summary judgment on the grounds that the judgment was void, prospective application of the judgment was no longer equitable, and equity commanded relief from the final

summary judgment. This motion was denied and a timely notice of appeal was filed. We find that the court did not err in denying appellant’s motion for relief from the

summary judgment on the particular grounds set forth in appellant’s motion and therefore affirm. SCHEB, A.C.J., SCHOONOVER, J., and BENTLEY, E. Randolph, Associate Judge, concur.