Debello v. Faske

SCHWARTZ, Chief Judge.

The defendant below appeals from an order denying his Rule 1.540 motion for relief from a money judgment entered after a jury trial at which he did not appear and was not represented. In accordance with the trial judge’s oral ruling at the hearing on the motion, but contrary to the actual order entered after an unexplained period of almost two years had elapsed, we reverse both because (a) Debello’s failure to attend the trial, notwithstanding that he filed an answer and otherwise indicated his intention to defend, was the result of plainly “excusable neglect,” stemming…