Legal Opinion
McKay v. Great American Insurance Co.
District Court of Appeal of Florida
Decided June 23, 2004No. 4D04-1753PublishedCited by 2 opinions
1Per curiam
Robert McKay petitions for a writ of certiorari seeking to quash a trial court order compelling him to testify in a civil proceeding despite his Fifth Amendment, privilege against compelled self-incrimination, objection.
On May 13, 2004, this court denied the petition by order. This opinion follows.
“Certiorari will lie to review an order compelling discovery in a civil case over an objection that the order violates the Fifth Amendment privilege against self-incrimination.” Boyle v. Buck, 858 So.2d 391, 392 (Fla. 4th DCA 2003) (citing Magid v. Winter, 654 So.2d 1037 (Fla. 4th DCA 1995)). The…
2Cases cited28 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
- United States v. Eddie Wayne RobersonCourt of Appeals for the Fifth Circuit · 1989
- Gary Thomas Rowe v. Carl Griffin, Etc., Hon. Jesse O. BryanCourt of Appeals for the Eleventh Circuit · 1982
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3Cited by2 opinions
- Pisciotti v. StephensDistrict Court of Appeal of Florida · 2006
- Griffis v. Florida Fish & Wildlife Conservation CommissionDistrict Court of Appeal of Florida · 2011