JAMES B. BURGIN AND LILY D. BURGIN, HIS WIFE, APPELLANTS,
v.
FLORIDA GAS UTILITIES CO. AND FLORIDA GAS CO., APPELLEES
JAMES B. BURGIN AND LILY D. BURGIN, HIS WIFE, APPELLANTS,
FLORIDA GAS UTILITIES CO. AND FLORIDA GAS CO., APPELLEES
172 So. 2d 267
Florida District Court of Appeal, Third District (1965)
Positive Treatment
Cited by 4 cases
Opinion of the Court
This interlocutory appeal is from an order permitting the defendant to take the deposition of a witness during a continuance in a trial of a chancery cause. We hold that appellant has failed to demonstrate an abuse of the discretion which Rule 1.21(d), Florida Rules of Civil Procedure, 30 F.S.A., reposes in the trial judge. Cf., Dino v. O’Dawe, Fla.App.1963, 158 So.2d 562.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Battles v. State, 208 So. 2d 150 (Fla. 3d DCA 1968)…not support the contention of the appellant that the attorney representing him at the trial was incompetent so as to require or justify the granting of a new trial. See Simpson v. State, Fla.App.1964, 164 So. 2d 224, Carroll v. State, Fla.App.1965, 172 So. 2d 267. No reversible error having been made to appear, the order appealed from is affirmed.…
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Fla. Keys Boys Club, Inc. v. Pelekis, 265 So. 2d 58 (Fla. 3d DCA 1972)…1.290(d), R.C.P., 30 F.S.A. Such orders are generally within the discretion of a trial court. City of Miami Beach v. Wolfe, Fla.1955, 83 So. 2d 774; Spector v. Alter, Fla.App.1962, 138 So. 2d 517; Burgin v. Florida Gas Utilities Co., Fla.App.1965, 172 So. 2d 267. We find that in the instant case, because of the seriousness of the charge made by the last amended counterclaim, the appellants should be permitted to take the oral deposition of the appellee, James C. Pelekis. It has long been recognized that ora…
Authorities Cited
- The State of Fla. ex rel. Shirley L. Searle & Norwelda Barrow v. Allyn, 158 So. 2d 562 (Fla. 3d DCA 1963)
- Dante Dino v. O'Dawe, 158 So. 2d 562 (Fla. 3d DCA 1963)