Legal Opinion

Belniak v. McWilliams

District Court of Appeal of Florida

Decided October 8, 2010No. 2D10-1085PublishedCited by 4 opinions

1Opinion of the Court

SILBERMAN, Judge.

In this wrongful death and personal injury action, David A. Belniak seeks certio-rari review of a nonfinal order compelling him to answer certain deposition questions that he refused to answer based on his Fifth Amendment privilege against self-incrimination. We grant his petition in part, quash the trial court’s order, and remand for further proceedings.

As the result of a motor vehicle accident on December 25, 2007, Raymond C. McWilliams, individually and as personal representative of the estate of Linda A. McWilliams, deceased (McWilliams), sued Belniak for wrongful death…

2Cases cited10 opinions

  1. Hoffman v. United StatesSupreme Court of the United States · 1951
  2. Marchetti v. United StatesSupreme Court of the United States · 1968
  3. United States v. Kenneth Wayne Goodwin, Charles William Bullard and Grover Eugene BeaverCourt of Appeals for the Fifth Circuit · 1980
  4. Delisi v. SmithDistrict Court of Appeal of Florida · 1982
  5. Magid v. WinterDistrict Court of Appeal of Florida · 1995

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3Cited by4 opinions

  1. Taubert v. State, Office of the Attorney GeneralDistrict Court of Appeal of Florida · 2011
  2. In re Amendments to the Florida Rules of Traffic CourtSupreme Court of Florida · 2012
  3. In re Amendments to the Florida Rules of Traffic CourtSupreme Court of Florida · 2013
  4. Urbanek v. UrbanekDistrict Court of Appeal of Florida · 2011

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