Florida District Courts of Appeal, 1963

Dino v. O'Dawe

Florida District Courts of Appeal · Decided December 13, 1963 · Barkdull, Horton, Pearson

158 So. 2d 562 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Burgin v. Florida Gas Utilities Co. (Fla. Dist. Ct. App. 1965)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The sole question presented upon this appeal is whether the trial judge abused his discretion in allowing the plaintiff to read into evidence the deposition of a witness. The controlling procedural provision is found in Rule 1.21(d) (3), Florida Rules of Civil Procedure, 30 F.S.A. “The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: * * * 3, that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; * * ”. The appellant has failed to show an abuse of the discretion which the rule reposes in the trial judge. Cf., Driscoll v. Morris, Fla.App.1959, 114 So.2d 314, 316.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.