BOARD OF PUBLIC INSTRUCTION, DADE COUNTY, PETITIONER,
v.
JOHN DUFFY, DECEASED, GENEVIEVE DUFFY, MOTHER OF THE DECEASED, AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
BOARD OF PUBLIC INSTRUCTION, DADE COUNTY, PETITIONER,
JOHN DUFFY, DECEASED, GENEVIEVE DUFFY, MOTHER OF THE DECEASED, AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
112 So. 2d 860
Florida District Court of Appeal, Third District (1959)
Caution
Cited by 9 cases
Opinion of the Court
This cause having heretofore been submitted to the Court on petition for Writ of Certiorari upon the original record and' briefs to review the order of the Florida Industrial Commission in said cause bearing date of January 16, 1959, and the record having been considered and petitioner having failed to show that the essential requirements of law have been violated, it is ordered that said petition be and the same is hereby denied.
HORTON and PEARSON, JJ., concur.
CARROLL, CHAS., C. J., dissents.
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Stockham v. Stockham, 168 So. 2d 320 (Fla. 1964)…instituting an action, apply with equal force to this private litigation, where the plaintiffs seek to thwart the defendants by invoking a privilege to justify a refusal to answer pre-trial questions.” Florida cases [Blais v. Blais, Fla.App. 1959, 112 So. 2d 860; State ex rel. Mitchell v. Kelly, Fla.1954, 71 So. 2d 887; Boynton v. State, Fla.1954, 75 So. 2d 211] relied upon by appellant where the rule against self-incrimination was involved appear distinguishable from the facts and issues of this case. The…
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B. B. S. v. R. C. B., 252 So. 2d 837 (Fla. 2d DCA 1971)…ernity of the child. He did not voluntarily disclose his own guilt or testify as to matters relevant to the real factual issue in the cause. Therefore, he did not waive his right to assert his constitutional privilege. Blais v. Blais, Fla.App. 1959, 112 So. 2d 860; Jones v. Stoutenburgh, Fla.1956, 91 So. 2d 299; cf. Brown v. United States, 1957, 356 U.S. 148, 78 S.Ct. 622, 2 L.Ed.2d 589; Berner v. Schlesinger, 1957, 11 Misc.2d 1024, 178 N.Y.S.2d 135. Accordingly, the order granting R.C.B.’s motion to compel…
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Lund v. Lund, 161 So. 2d 873 (Fla. 2d DCA 1964)…mative defense, on the grounds that the answers might tend to incriminate her, the defendant-husband was entitled to have her complaint dismissed. The plaintiff-wife in that case relied upon the opinion of the court in Blais v. Blais, Fla.App. 1959, 112 So. 2d 860. There, the same question was presented except that no motion was filed requesting the court to strike the plaintiff’s testimony, dismiss his complaint or deny him the equitable relief sought. The appellate court held, ergo, that the question was pr…
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