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FRANKO v. RYAN-FRANKO

No. 96-0181.

679 So.2d 1314 (1996)

Francis J. FRANKO, Appellant, v. Mary Ann RYAN-FRANKO, Appellee.

District Court of Appeal of Florida, Fourth District.

October 2, 1996.

Attorney(s) appearing for the Case

Peter Ticktin of Peter Ticktin, P.A., Stephen F. Beiner and Richard P. Aranson of Beiner & Nussbaum, P.A., Boca Raton, for appellant.

Donna Waters Romero and Gabriel F. Zambrano of Hinshaw & Culbertson, P.A., Fort Lauderdale, for appellee.

STEVENSON, Judge.

This is an appeal from an order of the trial court denying the former husband's rule 1.540(b) motion seeking relief from a final judgment of dissolution. We reverse for an evidentiary hearing on the former husband's motion.

This case turns more on a simple misunderstanding between counsel and the trial judge concerning the subject matter of a scheduled hearing than on any esoteric principles of law. A brief review of the procedural history...

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