¶1The 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.
¶2DISMISSED IN PART; VACATED IN PART.