WARD v. GIBSON

No. 76-160.

340 So.2d 481 (1976)

T.C. (Ted) WARD, Appellant, v. Charles L. GIBSON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 29, 1976.


Attorney(s) appearing for the Case

Hal H. McCaghren, West Palm Beach, for appellant.

Shutts & Bowen and Richard M. Leslie, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.


PEARSON, Judge.

The question raised on this interlocutory appeal is whether the defendant is bound to appear for deposition when service is made upon an attorney who has previously appeared in the trial court on his behalf for the purpose of testing the court's jurisdiction over his person and who, thereafter, has appealed an order of that court denying his motion to dismiss. We hold that under such circumstances, the defendant is not required to appear for deposition...

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