for relief from judgment for an abuse of discretion. See Carmona v. Wal-Mart Stores, E., LP, 81 So.3d 461, 464 (Fla. 2d DCA 2011); Leach v. Salehpour, 19 So.3d 342, 344 (Fla. 2d DCA 2009). However, because the trial court’s decision to apply rule 1.540(b)(3) was purely a question of law, we apply a de novo review to that decision. See U.S. Bank Nat’l Ass’n v. Paiz, 68 So.3d 940, 943 (Fla. 3d DCA 2011); Mourning v. Ballast Nedam Constr., Inc., 964 So.2d 889, 892 (Fla. 4th DCA 2007). I. Rule 1.540(b)(3) is not applicable in this case. Rule 1.540(b)(3) specifically addresses fraud or misconduct of an adverse party. This includes situations where a party or their counsel participates in misconduct by a witness. Cf. Estate of Willis v. Gaffney, 677 So.2d 949, 950-51 (Fla. 2d DCA 1996) (<HOLDING>). Had Maddalena alleged that Casteel encouraged
recognizing that motion for relief from judgment may be properly filed pursuant to rule 1540b3 where party induced witness to commit perjury holding that a conviction violated due process because the prosecutor knowingly allowed a government witness to commit perjury holding that the court was precluded from considering whether the district court had abused its discretion in ruling on defendants summary judgment motion before allowing plaintiff to conduct requested discovery where the plaintiff had not filed an affidavit pursuant to rule 56f and stating that  when a party does not avail himself of relief under rule 56f it is generally not an abuse of discretion for the district court to rule on the motion for summary judgment  citation omitted holding that a party may obtain relief from a district courts permanent injunction pursuant to rule 60b5 holding summary judgment may only be entered for one who has filed a motion asking that relief and only after notice and hearing on that motion