HomeMy WebLinkAbout0098 IN THE CIRCUIT COURT OF THE NItiETEENTri
JUDICIAL CIRCUIT IN AND FOR ST. LUCIE
1~~.~2`~+v.7 COUNTY, FLORIDA
CASE NO. 74-19
, _ ~
~HARLES L. SIMON,
Appellant, •
-vs- -
BARRIE REED'S AUTO PLAZA, .
Appellee.
O R D E R
Appellant, CHARLES L. Si:i~N, the Plaintif~c bel~.w, filed ~
statement o£ claim in the County Court against the Appellee, BARRIE
REED'S AUTO PLAZA, tr.e Defendant below. A Final Judgment for the
Defendant was entered by the County Judge on July 31, 1973. The
Plaintiff moved to vacate the Final Judqment, alleging that his
attorney was not notified as to the final hearing date. The Moti~n
to Vacate Final Judgment was denied by the County Judge on December 7,
1973.
At the oral argument on this appeal, Appellee's attorney
~i conceded that Plaintiff had not received notice due to some cl~rical
~ error in the Clerk's office and that this case should be remanded
}
to the County Court for a new trial on the merits.
The Final Judgment entered herein by the County Court,
~
dated ~uly 31, 1973, is hereby reversed and set aside and this case
is remanded to the County Court for a new trial on the merits after
proper notice to all p3rties.
DONE AND OFcDERED in Chambers at Fo~t Pierce, St. Lucie ~
~
County, Florida, this day of June, 1974.
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CIRCUIT JUDGE
Copies fu~nished to:
Ralph L. Flowers, Esq.
~ Charles A. Su2livan, Esq.
Hon. William G. Tye ~ ~ ~
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