DEBELLO v. FASKE

No. 95-2011.

668 So.2d 324 (1996)

Peter DEBELLO, Appellant, v. Garry C. FASKE, Appellee.

District Court of Appeal of Florida, Third District.

February 21, 1996.


Attorney(s) appearing for the Case

Zack, Sparber, Kosnitsky, Truxton, Spratt & Brooks and Ralph Shalom, for appellant.

Carroll & Associates and Linda Carroll and Gregory A. Wald, Miami, for appellee.

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


SCHWARTZ, Chief Judge.

The defendant below appeals from an order denying his Rule 1.540 motion for relief from a money judgment entered after a jury trial at which he did not appear and was not represented. In accordance with the trial judge's oral ruling at the hearing on the motion, but contrary to the actual order entered after an unexplained period of almost two years had elapsed, we reverse both because (a) Debello's failure to attend the trial, notwithstanding...

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