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BIAS v. TROLLINGER

No. 80-1940.

402 So.2d 1358 (1981)

B. Steve BIAS, Appellant, v. Arthur TROLLINGER; Florida Police Benevolent Association, a Nonprofit Corporation; Broward County Police Benevolent Association, a Nonprofit Corporation; Charles J. McDonald, Gilbert J. Frazier and Thomas F. Panza, Appellees.

District Court of Appeal of Florida, Fourth District.

September 2, 1981.

Attorney(s) appearing for the Case

Robert J. O'Toole, Fort Lauderdale, for appellant.

Borden R. Hallowes and Joel H. Feldman of Lavalle, Wochna, Rutherford & Truesdell, P.A., Boca Raton, for appellee-Arthur Trollinger.

HERSEY, Judge.

This appeal raises the question of the propriety of an order assessing attorney's fees and costs against appellant as a sanction for his failure to appear for deposition after notice.

It is clear that assessment of costs and attorneys' fees against a party who fails to appear for the taking of his deposition after being served with a proper notice is appropriate "unless the court finds that the failure was justified... .", Fla.R.Civ.P. 1.380...

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