NANCY ANN FRIDAY, APPELLANT,
v.
MILLARD ROBERTS, HAROLD D. DOUNHOO, AND FRANK BERGIN, APPELLEES

Fla. 5th DCA | 1981-01-28
No. 80-698
DAUKSCH, C. J., and COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
393 So. 2d 49 Florida District Court of Appeal, Fifth District (1981) Caution
Cited by 21 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of Dessert v. Electric Mutual Liability Insurance Co., 392 So. 2d 340 (Fla. 5th 1981).

AFFIRMED.

DAUKSCH, C. J., and COBB and FRANK D. UPCHURCH, Jr., JJ., concur.


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  • Jerone Hunter v. State, 8 So. 3d 1052 (Fla. 2008)
    …as the basis for relief. . The State may not call a witness to testify that it knows will invoke his or her Fifth Amendment right against self-incrimination. Richardson v. State, 246 So. 2d 771, 777 (Fla.1971). Nor may the defense. Faver v. State, 393 So. 2d 49, 50 (Fla. 4th DCA 1981). . Each of the defendants filed a motion to sever. . Salas actually testified at trial during his direct examination that Victorino handed out the bats. . The jury acquitted Victorino of counts IX through XII — i.e., Abuse…
  • Suarez v. State, 481 So. 2d 1201 (Fla. 1985)
    …urges us to conclude that in order for the court to properly exercise its discretion, it must conduct an on the record voir dire to determine the extent to which the fifth amendment privilege applies. Appellant relies on the case of Faver v. State, 393 So. 2d 49 (Fla. 4th DCA 1981). In Faver, a voir dire inquiry was made of a witness outside the presence of the jury at which the witness refused to answer all questions after giving his name and address. Obviously, voir dire of such a witness is one way for t…
  • …the fifth amendment. Appellee’s counsel then indicated he had no further questions. Appellants contend it was error to call Broderick to the stand for the sole purpose of having him claim his fifth amendment privilege. We agree. In Faver v. State, 393 So. 2d 49 (Fla. 4th DCA 1981), this court held the trial court properly refused defense counsel’s request to call a witness to the stand for the purpose of having the witness invoke his fifth amendment privilege before the jury. In so doing, we quoted from Un…

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