ERIKA URQUIZA, LUIS URQUIZA AND GATOR SPORTS COLLECTIBLES, INC., PETITIONERS,
v.
KENDALL HEALTHCARE GROUP, LTD., D/B/A KENDALL REGIONAL MEDICAL CENTER, RESPONDENT
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The Florida District Court of Appeal, Third District, denied a petition for writ of certiorari challenging a trial court's order denying defendants' motion to stay civil proceedings based on Fifth Amendment privilege. The court held that defendants failed to properly assert their Fifth Amendment rights through blanket objections and failed to demonstrate irreparable harm warranting a stay during a concurrent federal criminal investigation.
The court held that the trial court correctly denied the motion for stay because: (1) defendants failed to properly assert their Fifth Amendment privilege through blanket objections rather than specific, particularized objections to individual interrogatories and documents; (2) defendants failed to demonstrate irreparable harm or a clear departure from essential requirements of law; and (3) while trial courts may grant stays in certain circumstances, such stays are not constitutionally required.
[1] A blanket assertion of the Fifth Amendment privilege against self-incrimination is insufficient to invoke the privilege.
[2] A blanket assertion of the Fifth Amendment privilege is an inadequate basis for the issuance of a stay in a civil proceeding.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A blanket assertion of the Fifth Amendment right is insufficient to invoke the privilege against self-incrimination.”
Establishes the core holding that defendants must assert specific, particularized objections rather than blanket assertions of Fifth Amendment privilege.
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Join FLexlaw to unlock all legal intelligenceKendall Healthcare Group filed a civil complaint against Erika Urquiza, Luis Urquiza, and Gator Sports Collectibles, Inc. for civil theft and R.I.C.O.…
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SUAREZ, J.
Erika and Luis Urquiza and Gator Sports Collectibles, Inc., (collectively “Gator defendants”), defendants in the civil theft and R.I.C.O action below and subjects of a federal criminal investigation arising out of the same facts, seek review of the trial court’s order denying Gator defendants’ motion for stay entered after the trial judge compelled the Gator defendants to produce documents and answer interrogatories. We treat the appeal as a petition for writ of certiorari and deny the petition because the Gator defendants have not met their burden of demonstrating a clear departure from the essential requirements of law resulting in irreparable harm. See Reeves v. Fleetwood Homes, Inc., 889 So. 2d 812 (Fla.2004); Learn v. Shackelford, 903 So. 2d 335 (Fla. 2d DCA 2005); see also Greene v. Cal. Fed. Bank, 658 So. 2d 1027 (Fla. 4th DCA 1995); Fresh Del Monte Produce, N.V. v. Chiquita Int’l, Ltd., 664 So. 2d 263 (Fla. 3d DCA 1996) (Cope, J., concurring in part and dissenting in part).
Kendall Healthcare Group, LTD. filed the present complaint against the Gator defendants claiming civil theft and R.I.C.O. Kendall Healthcare Group, LTD. propounded interrogatories and a request for production to each of the Gator defendants. The Gator defendants, who are the subjects of a criminal federal investigation of allegations similar in nature to those detailed in the civil complaint against them, made a blanket objection to the interrogatories and the request for production on grounds of the Fifth Amendment privilege against self-incrimination as they were being investigated by the United States Attorney’s Office. At the same time, they filed a motion to stay the civil proceedings for six months on grounds that, due to the criminal investigation, it would be a violation of their Fifth Amendment rights to proceed in the civil action.
The trial court overruled their objections, compelled answers to interrogatories and the production of the requested documents. The Gator defendants were ordered to produce the documents sought as well as to answer interrogatories or set forth specific objections, including the basis for the objections, as to each of the documents requested and each interrogatory.
The trial court also denied the motion for stay without prejudice. The Gator defendants now seek review of the denial of their motion to stay the proceedings.
The trial court held that the Gator defendants failed to properly assert their objections based on Fifth Amendment privilege and therefore that a stay was not warranted. The Gator defendants made a blanket objection and failed to properly assert a specific objection to a particular question or particular document, a specific explanation as to why the answers to the questions or the production of the documents would warrant a stay and a specific showing of how they would be prejudiced by the continuation of the action below while the criminal investigation is ongoing. A blanket assertion of the Fifth Amendment right is insufficient to invoke the privilege against self-incrimination. In re Commitment of Smith v. State, 827 So. 2d 1026 (Fla. 2d DCA 2002); Fischer v. E.F. Hutton & Co., 463 So. 2d 289 (Fla. 2d DCA 1984); see United States v. Argomaniz, 925 F. 2d 1349 (11th Cir.1991); Sec. & Exch. Comm’n v.
First Fin. Group, 659 F. 2d 660 (5th Cir.1981).
Similarly, “[a] blanket assertion of the privilege is an inadequate basis for the issuance of a stay.” See United States v. Lot 5, Fox Grove, 23 F. 3d 359, 364 (11th Cir.1994).
Although under certain circumstances, a trial court may grant a stay in a civil proceeding for a limited time during the pendency of a concurrent criminal proceeding, such a stay is not constitutionally required. Sec. & Exch. Comm’n v. Dresser Industr., 628 F. 2d 1368 (D.C.Cir.1980); see United States v. Kordel, 397 U.S. 1, 90 S.Ct. 763, 25 L.Ed.2d 1 (1970).
It is not a departure from the essential requirements of law for the trial court to deny a motion for stay pending the outcome of a related criminal action. Here, as the Gator defendants failed to properly assert their Fifth Amendment privilege and failed to demonstrate a clear departure from the essential requirements of law resulting in irreparable harm, we agree that the trial court correctly denied the motion for stay and therefore deny the petition for writ of certiorari.
Petition for writ of certiorari denied.
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Bernd Taubert v. State, 79 So. 3d 77 (Fla. 1st DCA 2011)…te v. Mitrani, 19 So. 3d 1065, 1068 (Fla. 5th DCA 2009). Because of this requirement, “[a] blanket assertion of the Fifth Amendment right is insufficient to invoke the privilege against self-incrimination.” Urquiza v. Kendall Healthcare Group, Ltd., 994 So. 2d 476, 477 (Fla. 3d DCA 2008). While post-judgment assertion of the privilege is authorized in Florida where questions asked in post-judgment discovery are incriminating, the privilege must be considered in relation to the questions asked. DeLeo v. Wacho…
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Moises Wahnon v. Coral & Stones Unlimited Corp. (Fla. 3d DCA 2020)…as criminal cases. Kastigar v. United States, 406 U.S. 441, 444–45 (1972). Of course, “[a] blanket assertion of the Fifth Amendment right is insufficient to invoke the privilege against self-incrimination.” Uriquiza v. Kendall Healthcare Grp., Ltd., 994 So. 2d 476, 477 (Fla. 3d DCA 2008). Accordingly, “the ‘central standard for the privilege’s application has been whether the claimant is confronted by substantial and ‘real,’ and not merely trifling or imaginary, hazards of incrimination.’” Florida Dep’t of Re…
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Speegle v. Rhoden, 236 So. 3d 498 (Fla. 1st DCA 2018)
Authorities Cited (11 total)
- Reeves v. Fleetwood Homes OF Fla., Inc., 889 So. 2d 812 (Fla. 2004)
- United States v. Kordel, 397 U.S. 1 (U.S. 1970)
- Sec. & Exch. Comm'n v. Dresser Indus., Inc., 628 F.2d 1368 (D.C. Cir. 1980)
- Sec. & Exch. Comm'n v. First Fin. Grp. OF Tex., Inc., 659 F.2d 660 (5th Cir. 1981)
- United States v. LOT 5, 23 F.3d 359 (11th Cir. 1994)
- Fischer v. E.F. Hutton & Co., Inc., 463 So. 2d 289 (Fla. 2d DCA 1984)
- In re the Commitment OF Keith Norwood Smith v. State, 827 So. 2d 1026 (Fla. 2d DCA 2002)
- United States & L. Simmons v. Argomaniz, 925 F.2d 1349 (11th Cir. 1991)
- Scottie L. Taylor v. State, 664 So. 2d 263 (Fla. 1st DCA 1995)
- Greene v. Cal. Fed. Bank, 658 So. 2d 1027 (Fla. 4th DCA 1995)