Howard v. Guerra

District Court of Appeal of Florida

Howard v. Guerra

909 So. 2d 348, 2005 Fla. App. LEXIS 11038, 2005 WL 1682799

District Court of Appeal of Florida·Decided July 20, 2005·No. No. 1D04-5246·Published

Opinion

WOLF, J.

We determine the trial court erred in denying petitioner’s request to quash a ■writ of bodily attachment based on petitioner’s failure to appear. Petitioner was incarcerated and had a pending request to appear by telephone which had not been ruled on. See Johnson v. Johnson, 783 So.2d 326, 327 (Fla. 1st DCA 2001). The petition for writ of certiorari is granted and the order of the trial court is quashed. The trial court shall conduct further proceedings on petitioner’s request to quash the writ of bodily attachment.

ALLEN and BENTON, JJ., concur.

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WOLF, J.

We determine the trial court erred in denying petitioner’s request to quash a ■writ of bodily attachment based on petitioner’s failure to appear. Petitioner was incarcerated and had a pending request to appear by telephone which had not been ruled on. See Johnson v. Johnson, 783 So.2d 326, 327 (Fla. 1st DCA 2001). The petition for writ of certiorari is granted and the order of the trial court is quashed. The trial court shall conduct further proceedings on petitioner’s request to quash the writ of bodily attachment.

ALLEN and BENTON, JJ., concur.

Howard v. Guerra, 909 So. 2d 348, 2005 Fla. App. LEXIS 11038, 2005 WL 1682799 (Fla. Ct. App. 2005).

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Opinion

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