HOWARD v. GUERRA

No. 1D04-5246.

909 So.2d 348 (2005)

Timothy HOWARD, Petitioner, v. Jessica GUERRA, Respondent.

District Court of Appeal of Florida, First District.

July 20, 2005.


Attorney(s) appearing for the Case

Petitioner, pro se.

R. Craig Hemphill, Department of Revenue, Jacksonville, for respondent.


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...

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