Opinion

Despres v. Pagel

1978 Fla. App. LEXIS 15920 · District Court of Appeal of Florida · May 22, 1978

Full text

Richard DESPRES v. Gregory M. PAGEL

Opinions in this case

Majority
Dissent — Ervin

PER CURIAM. This appeal from the trial court’s order denying relief under Fla.R.Civ.P. 1.540 fails because, notwithstanding the disturbing implications in the prior record of proceedings before the circuit court, no evidence was submitted at the June 1977 hearing on which we can hold that relief on the ground of excusable neglect was required as a matter of law. AFFIRMED. SMITH, Acting C. J., and BOOTH, J., concur. ERVIN, J., dissents.