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BATISTA v. BATISTA

No. 89-1785.

553 So.2d 1281 (1989)

Jesus L. BATISTA, Appellant, v. Sandra BATISTA, Appellee.

District Court of Appeal of Florida, Third District.

December 5, 1989.

Attorney(s) appearing for the Case

Earl H. Galitz, Miami, for appellant.

Gaston R. Alvarez, Miami, and Jesus O. Cervantes, for appellee.

Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.

PER CURIAM.

Appellant, former husband Jesus Batista, appeals a non-final order denying a motion, under rule 1.540(b) of the Florida Rules of Civil Procedure, to vacate a final judgment of dissolution of marriage. We reverse and remand.

Appellee, former wife Sandra Batista, filed a petition for dissolution of marriage. Appellant failed to file any paper for over one year, and a default was entered against him.

Following the default, the trial court...

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