Parker v. Hot Shoppes, Inc.

CAYTON, Chief Judge.

The basic question on this appeal is whether a notice of taking the deposition of a party is sufficient when served upon counsel for that party without serving a subpoena upon the party personally. Counsel for plaintiff took the position that such notice, served upon him, did not require him to produce the plaintiff for examination. He steadfastly maintained that position throughout a series of motions which were successively presented to three different judges of the trial court over a five month period. The last of thesé motions resulted in a dismissal of the action, and…