Legal Opinion · Dissent

Winstel v. Sentry Quick Print, Inc.

District Court of Appeal of Florida

Decided May 31, 1995No. 94-2761Published

1DissentCope, Judge

The trial court overruled petitioners’ claim of Fifth Amendment privilege under the United States Constitution and ordered petitioners to answer interrogatories. That ruling was contrary to Curdo v. United States, 354 U.S. 118, 124-28, 77 S.Ct. 1145, 1148-52, 1 L.Ed.2d 1225 (1957).

The Florida Supreme Court has said that an order of the type involved here is reviewable on certiorari. Kilgore v. Bird, 149 Fla. 570, 6 So.2d 541 (1942). The court stated:

A question requiring an answer which would violate the civil rights of the witness should be prohibited, because if such right is violated the…

2Cases cited12 opinions

  1. Curcio v. United StatesSupreme Court of the United States · 1957
  2. Martin-Johnson, Inc. v. SavageSupreme Court of Florida · 1987
  3. Kilgore v. BirdSupreme Court of Florida · 1942
  4. DeLisi v. Bankers Ins. Co.District Court of Appeal of Florida · 1983
  5. Albert v. SalceDistrict Court of Appeal of Florida · 1983

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API