
    George L. FORM and Helen C. Form, his wife, etc., et al., Appellants, v. Raphael STEINHARDT, Appellee.
    No. 88-611.
    District Court of Appeal of Florida, Third District.
    Sept. 27, 1988.
    An Appeal from the Circuit Court of Dade County; David Tobin, Judge.
    Murphy & O’Brien and John J. O’Brien, Miami, for appellants.
    Lustig & Schillinger and Lee H. Schil-linger, Coral Gables, for appellee.
    Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.
   PER CURIAM.

The appeal taken from the order denying the appellants’ 1.540 motion below is dismissed for being untimely. Francisco v. Victoria Marine Shipping, Inc., 486 So.2d 1386 (Fla. 3d DCA), rev. denied, 494 So.2d 1153 (Fla.1986). As to the attorney’s fee and costs awarded in the order under review, the appellee has agreed in open court to waive such fee and costs and, accordingly, the same are hereby vacated.

DISMISSED IN PART; VACATED IN PART.  