Florida District Courts of Appeal, 1992

McCabe v. Rego

Florida District Courts of Appeal · Decided April 29, 1992 · Garrett, Hersey, Warner

596 So. 2d 1285; 1992 Fla. App. LEXIS 4878; 1992 WL 83892 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

HERSEY and GARRETT, JJ., concur. WARNER, J., dissents with opinion.

Dissenting Opinion

WARNER, Judge,

dissenting.

I would reverse and remand for an evi-dentiary hearing on the Rule 1.540 motion. The trial court failed to allow appellant to present any evidence in opposition to appel-lee’s motion, and thus violated appellant’s fundamental right of due process by denying an opportunity to be heard.

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