Florida District Courts of Appeal, 2005

Howard v. Guerra

Howard v. Guerra
Florida District Courts of Appeal · Decided July 20, 2005 · Allen, Benton, Wolf
909 So. 2d 348; 2005 Fla. App. LEXIS 11038; 2005 WL 1682799 (Southern Reporter, Second Series)

Howard v. Guerra

Opinion of the Court

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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