Ginsburg v. Carney

FRANK, Judge.

In June of 1986, Ginsburg filed suit against two employees, Carney and Shepherd, based upon the belief they had conspired to misappropriate funds from his business. The disputed funds were in Carney’s possession; he transmitted the money to his attorney who in turn placed it in the court’s registry.

During the litigation, Ginsburg was ordered by the trial court to appear within thirty days for a deposition. A scheduling conflict arose and Ginsburg was unable to attend within the prescribed period. To avoid a violation of the trial court’s order, Ginsburg’s counsel filed a notice…