MARY CACACE, A WIDOW, PETITIONER,
v.
ASSOCIATED TECHNICIANS, INC., A FLORIDA CORPORATION, ESTELLE C. LEVERETT, AND STELLA V. JEAN, RESPONDENTS
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The Florida District Court of Appeal denied a petition for writ of certiorari, finding no abuse of discretion in an order limiting deposition attendance to parties of the specific case.
No, the trial judge did not abuse his discretion by prohibiting the attendance of persons not parties to the instant cause at the deposition.
“no abuse of discretion is shown in prohibiting the attendance at the taking of a deposition of persons not parties to the instant cause.”
Establishes the court's finding regarding the trial judge's discretion.
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Join FLexlaw to unlock all legal intelligenceThe petitioner, a plaintiff in a trial court case, sought review of an order that required her deposition to be taken without the presence of a plaint…
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Petitioner [plaintiff in the trial court], by writ of certiorari, seeks review of an order of the trial judge requiring that she permit her deposition to be taken out of the presence of a plaintiff in a companion suit. The order also provides that “ * * * said deposition when taken shall be complete for use in either case.” [“Either case” is the companion case.]
The writ of certiorari is denied; no abuse of discretion is shown in prohibiting the attendance at the taking of a deposition of persons not parties to the instant cause. Of course, the petitioner would be entitled to be present at the taking of any deposition which is noticed in her case. 1.24(b), Florida Rules of Civil Procedure, 30 F.S.A. It not appearing that the trial court is departing from the essential requirements of the law, the petition for writ of certiorari is denied.
Certiorari denied.
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Ferrigno v. Aden S. Yoder, 495 So. 2d 886 (Fla. 2d DCA 1986)…rder “that the examination be held with no one present except the parties to the action and their officers or counsel.” It is a venerated principle that a party has a right to be present at an oral deposition. Cacace v. Associated Technicians, Inc., 144 So. 2d 82 (Fla. 3d DCA 1962); Mock v. City of Detroit, 81 Mich.App. 556, 265 N.W. 2d 416 (1978) (construing a Michigan rule similar to the pre-1972 Florida rule). In 1972, Rule 1.280(c) was amended to provide that a judge may, upon a showing of good cause, “m…