Opinion
No. 57617.
March 19, 1976.
In re: Marion Overton White applying for Remedial Writs.
Writ granted. The ruling of the trial court is vacated and the case remanded.
It is ordered that the district court reconsider the validity and sufficiency of applicant's appeal bond, particularly in relation to its possible adequacy to serve as a devolutive appeal bond.
SUMMERS, J., although I agree that this writ should be granted I believe it is necessary to have a hearing and order the record up before ordering this remand or otherwise adjudicating this case in chambers without according the recognized procedural hearing, brief, right to apply for a rehearing, etc., etc. To adopt this procedure, in my view, is to tread within or near to a deprivation of due process.