Malinovsky v. Midland Risk Insurance

This is an appeal from a judgment of contempt of court for failure of a witness to appear at trial following receipt of a *11subpoena compelling his attendance. For the reasons that follow, we reverse.

FACTS AND PROCEDURAL HISTORY

Although the underlying factual basis for the instant lawsuit is not reflected by the record presented to this appellate court, as only portions of the record relevant to the alleged contempt were designated as the record on appeal, appellate briefs suggest that the plaintiffs were injured in an automobile accident and thereafter treated by Dr. Andrew S. Berens in the…