Padgett v. Clinchfield Railroad

Duval County Circuit Court

Padgett v. Clinchfield Railroad

32 Fla. Supp. 138

CourtCircuit Court of the 4th Judicial Circuit of Florida, Duval County

DecidedOctober 16, 1967

DocketNo. 67-7014

StatusPublished

This text of 32 Fla. Supp. 138 (Padgett v. Clinchfield Railroad) is published on Counsel Stack Legal Research, covering Circuit Court of the 4th Judicial Circuit of Florida, Duval County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Padgett v. Clinchfield Railroad, 32 Fla. Supp. 138 (Fla. Super. Ct. 1967).

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Opinion

FRANK H. ELMORE, Circuit Judge.

This cause coming on to be heard on defendant’s motion to dismiss and after hearing argument of counsel, and the court being fully advised in the premises, it is

Considered, ordered and adjudged that the said motion be, and the same is hereby granted and that this court further finds that this defendant has been improperly served and that §47.17(8), Florida Statutes, under which process was attempted in this matter is hereby found to be unconstitutional in that it denies the defendant due process of law under the 14th amendment to the constitution of the United States, and it is further

Considered, ordered and adjudged that this case is hereby dismissed without prejudice.

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FRANK H. ELMORE, Circuit Judge.

This cause coming on to be heard on defendant’s motion to dismiss and after hearing argument of counsel, and the court being fully advised in the premises, it is

Considered, ordered and adjudged that the said motion be, and the same is hereby granted and that this court further finds that this defendant has been improperly served and that §47.17(8), Florida Statutes, under which process was attempted in this matter is hereby found to be unconstitutional in that it denies the defendant due process of law under the 14th amendment to the constitution of the United States, and it is further

Considered, ordered and adjudged that this case is hereby dismissed without prejudice.

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Bluebook (online)

32 Fla. Supp. 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padgett-v-clinchfield-railroad-flacirct4duv-1967.