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CASTANEDA v. REDLANDS CHRISTIAN MIGRANT

No. 4D03-2309.

884 So.2d 1087 (2004)

Jose R. CASTANEDA, a minor, through his natural parent and next friend, Ana CARDONA, and Ana Cardona, individually, Appellants, v. REDLANDS CHRISTIAN MIGRANT ASSOCIATION, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

October 20, 2004.

Attorney(s) appearing for the Case

Jose G. Rodriguez, P.A. and Diran V. Seropian of Edna L. Caruso, P.A., West Palm Beach, for appellants.

Barbi Feldman Meyer of Law Office of Bohdan Neswiacheny, for appellee.

WARNER, J.

A minor, Jose Castaneda, was injured in a fall from playground equipment at a daycare center. His mother sued the daycare center for his personal injuries. At trial, the court refused to permit the plaintiff to read excerpts of the depositions of employees of the daycare center, which were presented as admissions, instead requiring the plaintiff to prove unavailability of the witnesses. We hold that Florida Rule of Civil Procedure 1.330(a)(1) permits the...

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