Opinion
No. 91-2190.
April 29, 1992.
Appeal of a non-final order from the Circuit Court for Broward County; Robert Lance Andrews, Judge.
Dennis J. Cary of Graham Cary, Fort Lauderdale, for appellants.
Jay C. Salyer, Jr., Deerfield Beach, for appellees.
AFFIRMED.
HERSEY and GARRETT, JJ., concur.
WARNER, J., dissents with opinion.
I would reverse and remand for an evidentiary hearing on the Rule 1.540 motion. The trial court failed to allow appellant to present any evidence in opposition to appellee's motion, and thus violated appellant's fundamental right of due process by denying an opportunity to be heard.