Flick v. Simpson

On Petition for Rehearing

White, J.

In our opinion affirming the trial court’s judgment against appellant we stated that a deposition filed on *709the day preceding the trial was timely filed pursuant to Burns IND. STAT. ANN. § 2-1519 (1968 Repl.). That statute entitles an adverse-party to a continuance “upon showing good cause by affidavit” if a deposition which has not been “filed in court at least one day before . . . trial” is “claimed to be used on the trial.” The petition for rehearing alleges that in holding the deposition to have been timely filed we “erred and failed to follow past…