LEE, J., for the Court:
¶ 1. The case at bar has been appealed to this Court by William J. Gilbert subsequently to his failure to comply with the order of the trial court relative to discovery and the sanction of dismissal with prejudice which was imposed for said failure. Gilbert failed to appear at a deposition scheduled for October 9, 1998, at 9:30 a. m. at the Circuit Court of Lee County. The trial court dismissed the action with prejudice for Gilbert's failure...
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