Shell v. Foulkes

Exercising our discretion to grant extraordinary review, 1 we quash a decision of the Seventeenth Judicial Circuit in its appellate capacity and return this case for the issuance of a Mandate to the County Court for Broward County to consider and decide petitioner’s motion for relief from a default under rule 1.540(b). 2 We conclude that the Circuit Court departed from the essential requirements of law, failing to provide petitioner due process and apply the correct law; hence a miscarriage of justice. 3

Petitioner is the tenant in an eviction action in the County Court. After being sued, he…