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BURGIN v. FLORIDA GAS UTILITIES CO.

No. 64-860.

172 So.2d 267 (1965)

James B. BURGIN and Lily D. Burgin, his wife, Appellants, v. FLORIDA GAS UTILITIES CO. and Florida Gas Co., Appellees.

District Court of Appeal of Florida. Third District.

February 23, 1965.

Attorney(s) appearing for the Case

Milton J. Wallace, Miami, for appellants.

Smathers & Thompson and G. Morton Good, Miami, for appellees.

Before TILLMAN PEARSON, HORTON and HENDRY, JJ.

PER CURIAM.

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.

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