Florida District Courts of Appeal, 1965

Burgin v. Florida Gas Utilities Co.

Burgin v. Florida Gas Utilities Co.
Florida District Courts of Appeal · Decided February 23, 1965 · Horton, Pearson, Piendry
172 So. 2d 267 (Southern Reporter, Second Series)

Burgin v. Florida Gas Utilities Co.

Opinion of the Court

PER CURIAM.

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.

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