McCreery v. Fernandez

Petitioner is a defendant in an accident case in which it is alleged he negligently caused a wrongful death. The accident also resulted in pending felony charges against petitioner. The petitioner argues that -the trial court departed from the essential requirements of law in denying his motion for continuance of the trial in the civil case because the pending felony charges will require him to invoke his Fifth Amendment privilege against self-incrimination when being questioned in the civil case.

Petitioner cites Fraser v. Security and Investment Corp., 615 So.2d 841 (Fla. 4th DCA 1993), in…