Dial v. Bent Tree National Bank

Smith, Judge.

Bent Tree National Bank obtained a judgment in the State of Texas against Thomas O’Connell, the father of appellant Pattilyn Dial. Believing that O’Connell had concealed assets by transfer to his daughter, Bent Tree obtained a commission to take Dial’s deposition and served her with a subpoena duces tecum in Fulton County, Georgia. At the deposition, Dial refused to answer any questions on the grounds of Fifth Amendment privilege, other than giving her name and address. Bent Tree’s counsel recessed the deposition and moved to compel Dial’s testimony.

The trial court ordered Dial…