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BRUBAKER v. BRUBAKER

No. 84-1119.

456 So.2d 1253 (1984)

Roy B. BRUBAKER, Appellant, v. Marilyn BRUBAKER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 26, 1984.

Attorney(s) appearing for the Case

Papy, Poole, Weissenborn & Papy and Sheridan K. Weissenborn, Coral Gables, for appellant.

David F. Cerf, Jr., Miami, for appellee.

Before HENDRY, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

We reverse the ruling of the trial court in ordering a trial de novo in this cause and note that our prior opinion in Brubaker v. Brubaker, 435 So.2d 290 (Fla. 3d DCA 1983), by which we are bound, only requires that the trial court entertain a motion pursuant to Rule 1.540(b), Fla.R. Civ.P. on the question of the appellee's status as an irrevocable beneficiary of appellant...

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