LOVETT v. FORMAN

No. 4D03-2048.

883 So.2d 319 (2004)

Edwin LOVETT, Appellant, v. Howard C. FORMAN, as Clerk of Court, Broward County, Florida, and Ken Jenne, as Sheriff of Broward County, Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

August 25, 2004.


Attorney(s) appearing for the Case

Hugh L. Koerner of Hugh L. Koerner, P.A., Fort Lauderdale, for appellant.

Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Ft. Lauderdale, for appellee Howard C. Forman.

Robert D. Yates and Robert C. Buschel of Buschel, Carter, Schwartzreich & Yates, Ft. Lauderdale, for appellee Ken Jenne.


KLEIN, J.

Appellant plaintiff, after being charged with a crime by information, did not appear in court at a status conference, because neither he nor his attorney received notice of the conference. As a result of his failure to appear, a capias was issued for his arrest. Plaintiff's counsel then moved to set aside the capias, and the court granted the motion, but the Clerk of the Circuit Court neglected to provide this information to the sheriff's office. As a consequence...

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