Burgin v. Florida Gas Utilities Co.

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.