Legal Opinion

State v. Wellington Precious Metals, Inc.

Supreme Court of Florida

Decided July 16, 1987No. 68950PublishedCited by 2 opinions

1Opinion of the Court

SHAW, Justice.

We review State v. Wellington Precious Metals, Inc., 487 So.2d 326 (Fla. 3d DCA 1986), wherein the court construed the United States Constitution and held that a sole owner-corporate custodian of records may not be compelled to produce corporate records pursuant to a subpoena duces te-cum if the act of producing will be communicative and incriminatory, in the absence of a grant of use immunity. We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution. We quash the decision below for the reasons which follow.

The state attorney for the Eleventh Judicial…

2Cases cited22 opinions

  1. Fisher v. United StatesSupreme Court of the United States · 1976
  2. United States v. WhiteSupreme Court of the United States · 1944
  3. United States v. DoeSupreme Court of the United States · 1984
  4. H. P. Hood & Sons, Inc. v. Du MondSupreme Court of the United States · 1949
  5. Bellis v. United StatesSupreme Court of the United States · 1974

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3Cited by2 opinions

  1. JOSE A. GONZALEZ, etc. v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2023
  2. State v. In the Interest of G.B.District Court of Appeal of Florida · 1991

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