CHRISTOPHER'S, INC. v. PODOLNICK

No. 83-1704.

458 So.2d 777 (1984)

CHRISTOPHER'S, INC. and Ohio Casualty Insurance Company, Appellants, v. Lois PODOLNICK, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 5, 1984.


Attorney(s) appearing for the Case

Anderson & Anderson and Richard A. Sherman of Law Offices of Richard A. Sherman, Fort Lauderdale, for appellants.

Melanie G. May of Bunnell, Denman & Woulfe, P.A., Fort Lauderdale, for appellees.


RIVKIND, LEONARD, Associate Judge.

Defendants appeal an adverse judgment in a slip and fall case. The defendants sought to read the depositions of Bobbie Todd and Cindy Fitzgerald contending that they were unavailable for trial. The trial court denied the motion finding that there was an insufficient showing of unavailability. We disagree. Therefore, we reverse and remand for a new trial.

Defense counsel represented that Bobbie Todd had moved to Texas a few...

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