Despres v. Pagel , 358 So. 2d 905 ( 1978 )

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.