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IN THE CIRCUIT COURT, NINETEENTH .
JUDIC~AL CIRCUIT, IN AND FOR SAINT
I.UCIE GOUNTY, • FL~ORIDA, APPELLATE
DNISION
CASE NO. 74-544•CA
CAROL HORNER, d/b/a : - ~
OKBECHOBEE WELL DRILLIlVG _
CONTRAC'I~ORS, INC, , :
Appellant .
vs. . •
DALE SUPPLY CORPORATION, .
Appellee .
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OPINION ON APPEAL
The Appellant, CAROL HORNER, filed this Appeal from a Money
Judgment entered against her in the Courny Court, Civil Division, St. Lucie
Courny, Florida. She alleges fundemental error in ti~t the Judgment was
entered without giving her the opportunity to hear the testimony against her
~ or to cross-examine any wirnesses. She asserts that fhere was no testimony
whatsoever and that no trial was in fact held.
i This Court has not been provided with a transcript of the trial pro-
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~ ceedings. The Court, on its own motion, entered an order directing the
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F ~ lower Court-to supplemern the record on appeal. In compliance with this
direction E. P. DeFriest, Jr. County Jtidge, has filed his statement with
this Court. as follows: ~ -
1." The County Court Case, No. 73~136-SP-Ol, of DALE StTPPLY
CORFORATION, Plaintiff, vs. CAROL HORNER, d/b/a OKEECHOBEE WELL
DRILLING CONTRAC'PORS, INC. , Defendant, was called for trial in the St.
Lucie Count}r Court on jur~e 3, 1974.~ CAROL HORIVER appeared in response
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~ to the call and sat inside the -rail.
2. CAROL. HORNER initially testified as to the amount of the debt;
~ she made no effort to cross-examine the Plaintiff, DALE SUPPLY CORPORATION.
CAROL -HORNER then advised that she v+~as not the C. HORNER in question, and
no other witnesses or testimony were heard.
~ 3. This Court consisternly swears the parties and any witnesaes before
do~2~33 P~ 3~4 .
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