LIBERTY ASSOCIATES, INC., A FLORIDA CORPORATION, PETITIONER,
v.
WILLIAM H. FISHMAN, RESPONDENT

Fla. | 1968-01-17
No. 36318
CALDWELL, C. J., and THOMAS, ROBERTS, ERVIN and ADAMS, JJ., concur.
205 So. 2d 657 Florida Supreme Court (1968) Positive Treatment
Cited by 20 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Argument having been heard in this cause, and after careful study of the record and briefs, we conclude that the writ of certiorari was improvidently issued and it is, therefore, discharged.

It is so ordered.

CALDWELL, C. J., and THOMAS, ROBERTS, ERVIN and ADAMS, JJ., concur.


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  • Clermont Marine Sales, Inc. v. Binion Gaines Harmon, 347 So. 2d 839 (Fla. 2d DCA 1977)
    …ensington v. Gillman, 284 So. 2d 405 (Fla. 1st DCA 1973). . See, e. g., Marine Office-Appleton & Cox Corporation v. Aqua Dynamics, Inc., 295 So. 2d 370 (Fla. 3d DCA 1974); see also Adelman v.M & S Welding Shop, 105 So. 2d 802 (Fla. 3d DCA 1958). . 205 So. 2d 657 (Fla.1967). . Id. at p. 658.…
  • Airport Rent-A-Car, Inc. v. Jewel McNeal Lewis, 701 So. 2d 893 (Fla. 4th DCA 1997)
    …failed to demonstrate that Brown was unavailable to testify. The record contains a sufficient showing that Brown was unavailable to testify at trial. See Fishman v. Liberty Associates, Inc., 196 So. 2d 493, 497 (Fla. 3d DCA 1967), cert. discharged, 205 So. 2d 657 (Fla.1968). However, the trial court should not have allowed the use of the video deposition because Campbell was not notified of the taking of the deposition and was not present or represented by counsel at the deposition. See Arango v. Reyka, 507…
  • Henry Stiles, Inc. v. Evans, 206 So. 2d 65 (Fla. 4th DCA 1968)
    …p.1961, 135 So. 2d 750; and Hardcastle v. Mobley, Fla.App.1962, 143 So. 2d 715. . Fla.1956, 88 So. 2d 532. . That this problem has been recognized by the Supreme Court, see Ferrell Jewelers of Tampa, Inc. v. Southern Mill Creek Products Co., Inc., 205 So. 2d 657 opinion filed December 19, 1967, footnote 2. . “When Affidavits Are Unavailable. Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, t…

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