TIMOTHY HOWARD v. JESSICA GUERRA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA TIMOTHY HOWARD, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Petitioner, v. CASE NO. 1D04-5246 JESSICA GUERRA, Respondent. _____________________________/ Opinion filed July 20, 2005. Petition for writ of certiorari--original jurisdiction. 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 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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