BURKE v. REYES

No. 96-336.

687 So.2d 929 (1997)

Tara BURKE, Appellant, v. Tomas REYES, Appellee.

District Court of Appeal of Florida, Third District.

February 5, 1997.


Attorney(s) appearing for the Case

Bailey & Jones, Miami, and Elizabeth S. Baker, Orlando, for appellant.

Catherine J. MacIvor, Franklin & Marbin, P.A., Miami, for Guardian Ad Litem.

Philip L. Reizenstein, Miami, for appellee.

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


PER CURIAM.

The appellant mother had no notice of, did not attend, and was not represented at the final hearing which resulted in an award of the custody of her three year old daughter, who had been in her care, to the appellee father. Because she demonstrated excusable neglect, the existence of a meritorious defense that the best interests of the child required an opposite ruling, and due diligence in bringing the motion, we conclude that the trial court erred in...

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