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proceeding. The Court hae no independarlt recollection of the ewearing
process but because of ita usual practice believea the testimony must have
been given after the_ oath was administered, ae to do otherwise would be
contrary to the Court's practice and procedure. _
4. CAROL HORNER was given notice of irial by summons served
- to her in person, according to a Deputy Sheriff of the Okeechobee County
. Sheriff's Department on May 20, 1974, at 12:50' P. M. in Okeechobee
County, Florida, said summons, also showing the date, hour and place of .
~ trial in the St. Lucie Courny Cour~ .
5. CAROL HORNER was present in Court on June 3, 1974, as -
officially summoned, and as noted in Paragraph 1,
6. CAROL HORNER made .no effort to cross-examine or call .
any witnesses. "
In reviewing this statemeirt from Judge DeFriest it appeara that
the Appel~.ant was allowed a trial-and was accorded due process of law. ~
She was present at the trial. She testified on her ov~m behalf. She did
not cross-examine the Plainriff's wirness but had the opportunity to do so.
The lower Court's judgmern in this case comes before the Appellate
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~ Court with the_presumption of correctness. The burden_ is upon the Appellarn _
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` to overcome this presumption based upon the record on appeal. In this: ca~se
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~ the Appellant has failed to show reversable error on the part of the Trial
Court; therefore, her appeal is denied and the Judgment~ of the Trial Court
affirmed.
Done and ordered in Chambers in Fort Pierce, St. Lucie County,
Florida, this 23rd day of Qctober, ~1974. _ ~
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Copies: -
u~o ~fl aEC~ao~ l~
Courny Court of St. Lucie Courny, Florida ~.~~~E ~od
ROGEn ~a1TRA5
Vincent A. Lloyd, Esq. ` ' ~y,ERK C~RCl11T COURt
RECORD VEa.F1E0
Cirizens Federal Bldg.
Ft. Pierce, Florida 33450 ~ 2~ 48
Carol Horner ~44~
Route # 3, Box 550
Okeechobee, Florida ~0~ ~ ~
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