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Cacace v. Associated Technicians, Inc.

District Court of Appeal of Florida, Third District
Sep 27, 1962
144 So. 2d 82 (Fla. Dist. Ct. App. 1962)

Opinion

No. 62-277.

September 11, 1962. Rehearing Denied September 27, 1962.

Petition for review from the Circuit Court, Dade County, Grady L. Crawford, J.

Leonard H. Rubin, Miami, for petitioner.

Dean, Adams, Fischer Gautier and Jeanne Heyward, Franklyn Levenson, Walton, Lantaff, Schroeder, Atkins, Carson Wahl, Miami, for respondents.

Before PEARSON, TILLMAN, C.J., and HORTON and BARKDULL, JJ.


Petitioner [plaintiff in the trial court], by writ of certiorari, seeks review of an order of the trial judge requiring that she permit her deposition to be taken out of the presence of a plaintiff in a companion suit. The order also provides that "* * * said deposition when taken shall be complete for use in either case." ["Either case" is the companion case.]

The writ of certiorari is denied; no abuse of discretion is shown in prohibiting the attendance at the taking of a deposition of persons not parties to the instant cause. Of course, the petitioner would be entitled to be present at the taking of any deposition which is noticed in her case. 1.24(b), Florida Rules of Civil Procedure, 30 F.S.A. It not appearing that the trial court is departing from the essential requirements of the law, the petition for writ of certiorari is denied.

Certiorari denied.


Summaries of

Cacace v. Associated Technicians, Inc.

District Court of Appeal of Florida, Third District
Sep 27, 1962
144 So. 2d 82 (Fla. Dist. Ct. App. 1962)
Case details for

Cacace v. Associated Technicians, Inc.

Case Details

Full title:MARY CACACE, A WIDOW, PETITIONER, v. ASSOCIATED TECHNICIANS, INC., A…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 27, 1962

Citations

144 So. 2d 82 (Fla. Dist. Ct. App. 1962)

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It is a venerated principle that a party has a right to be present at an oral deposition. Cacace v.…