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DELTA RENT-A-CAR, INC. v. RIHL

No. 1535.

218 So.2d 467 (1969)

DELTA RENT-A-CAR, INC., a Florida Corporation, and Klaus Henck, Appellants, v. Louise RIHL and William Forelli, Appellees.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied February 26, 1969.

Attorney(s) appearing for the Case

Donald J. Lunny, of Sutton, James, Bielejeski & Lunny and George B. Pomeroy, Fort Lauderdale, for appellants.

Brian T. Hayes, of Parkhurst & Hayes, and G.H. Martin, Fort Lauderdale, for appellee, Rihl.

Richard G. Gordon and Edward A. Perse, of Carey, Dwyer, Austin, Cole & Selwood, Miami, for appellee, Forelli.

OWEN, Judge.

This appeal brings for review an assessment of attorney's fees and expenses against appellants under Rule 1.310(g) (1) RCP, 30 F.S.A.1 when appellants failed to depose a witness for which notice had been given. We find that under the circumstances of this case the court abused its discretion, and we reverse the cost judgment.

In the course of preparing for trial of an automobile negligence case, appellants gave notice...

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