Legal Opinion
DeLeo v. Wachovia Bank, N.A.
District Court of Appeal of Florida
Decided January 17, 2007No. 2D06-580PublishedCited by 3 opinions
1Opinion of the Court
CANADY, Judge.
In this appeal, Joseph DeLeo appeals the trial court’s nonfinal order compelling DeLeo to answer questions in aid of execution of a judgment obtained by Wachovia Bank, N.A.1 Based on the Fifth Amendment privilege against self-inerimi-nation DeLeo argued that he should not be compelled to answer the questions at issue. Because we conclude the trial court abused its discretion by failing to rule on each individual question for which DeLeo asserted the Fifth Amendment privilege, we reverse and remand.
I. Background
After Wachovia obtained its judgment against DeLeo, it conducted a…
2Cases cited9 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Pillsbury Co. v. ConboySupreme Court of the United States · 1983
- Andover Data Services, a Division of Players Computer, Inc. v. Statistical Tabulating Corporation, Appeal of Walter B. Schwer, WitnessCourt of Appeals for the Second Circuit · 1989
- Rainerman v. EAGLE NAT. BANK OF MIAMIDistrict Court of Appeal of Florida · 1989
- HCA HEALTH SERVICES OF FLORIDA, INC. v. HillmanDistrict Court of Appeal of Florida · 2003
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Belniak v. McWilliamsDistrict Court of Appeal of Florida · 2010
- Regions Bank v. MDG Frank Helmerich, LLCDistrict Court of Appeal of Florida · 2013
- Taubert v. State, Office of the Attorney GeneralDistrict Court of Appeal of Florida · 2011