Department of Revenue v. M.J.M.

I concur in part and dissent in part. I agree with the conclusión reached in section IIA of the majority opinion. However, if we were writing on a clean slate, I would adopt the approach taken by the First District in Hooks. Under an analysis of the facts of this case based on Hooks, the conclusion that M.J.M. failed to act with due diligence and did not satisfy the newly discovered evidence requirement of section 742.18 would be inescapable. Nevertheless, I acknowledge that this court’s decision in P.G. is binding on this panel. The majority properly applies the approach taken by this court…