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FLEA MARKET, U.S.A., INC. v. COHEN

No. 86-16.

490 So.2d 210 (1986)

FLEA MARKET, U.S.A., INC., Appellant, v. Adolf COHEN and Marlene Cohen, His Wife, d/b/a Coheny Island, Appellees.

District Court of Appeal of Florida, Third District.

June 24, 1986.

Attorney(s) appearing for the Case

Wilbur G. Silverman, Bay Harbor Islands, for appellant.

Burnstein & Knee and Jerrold Knee, Hollywood, for appellees.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.

SCHWARTZ, Chief Judge.

We find no abuse of discretion in the order under review, which conditioned granting the appellant's eve-of-trial motion for continuance upon the payment of the appellees' attorney's fees caused by the delay. Western Union Telegraph Co. v. Suit, 153 Fla. 490, 15 So.2d 33 (1943); 11 Fla.Jur.2d Continuances § 40 (1979); Annot., Continuance of Civil Case as Conditioned upon Applicant's Payment of Costs or Expenses Incurred by Other...

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