Per Curiam.
This case is before us pursuant to the allowance of a motion to certify the record, and represents an action filed for the recovery of attorney fees. It has had a long and unusual history in the courts. We allowed the motion to certify because, in spite of the age of the litigation, it concerns the erroneous denial of a day in court for the appellant.
The journal entry in the Court of Appeals sets out the following pertinent facts:
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