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MOFFETT v. MacARTHUR

No. 73-871.

291 So.2d 134 (1974)

(Mrs.) J.A. MOFFETT, Petitioner, v. John D. MacARTHUR, Respondent.

District Court of Appeal of Florida, Fourth District.

March 8, 1974.

Attorney(s) appearing for the Case

Peter S. Penrose, Haines & Penrose, North Palm Beach, for petitioner.

Joseph P. Metzger and John T. Christiansen, Sales, Metzger & Christiansen, Palm Beach, for respondent.

OWEN, Chief Judge.

By common law certiorari, we review a judgment of the Circuit Court which, under its appellate jurisdiction, affirmed a judgment of the County Judge's Court. We conclude that the order under review departed from the essential requirements of law and must be quashed.

Petitioner was defendant in the County Judge's Court in an action for removal of tenant. Her answer to the complaint was filed on October 4, 1972, and on Friday, October 6th...

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