McCABE v. REGO

No. 91-2190.

596 So.2d 1285 (1992)

Bill McCABE and Billie McCabe, Appellants, v. Anthony REGO and Dorothy Rego, Appellees.

District Court of Appeal of Florida, Fourth District.

April 29, 1992.


Attorney(s) appearing for the Case

Dennis J. Cary of Graham & Cary, Fort Lauderdale, for appellants.

Jay C. Salyer, Jr., Deerfield Beach, for appellees.


PER CURIAM.

AFFIRMED.

HERSEY and GARRETT, JJ., concur.

WARNER, J., dissents with opinion.

WARNER, Judge, dissenting.

I would reverse and remand for an evidentiary hearing on the Rule 1.540 motion. The trial court failed to allow appellant to present any evidence in opposition to appellee's motion, and thus violated appellant's fundamental right of due process by denying an opportunity...

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