Franklyn S., Inc. v. Riesenbeck

I must respectfully dissent from the majority opinion in this cause. The issue before this court is whether the chancellor erred in quashing a subpoena duces tecum directed to a party, which attempted to require the production of documents at a trial. The record reveals that the party who served the subpoena duces tecum waited until the eve of the final hearing to file a subpoena duces tecum addressed to the adverse party requiring the production of the following items: (1) All account books of Thurman A. Whiteside including his attorney at law account, personal accounts, all trust accounts,…