BISCAYNE TRUST COMPANY, ET AL.,
v.
GEORGE T. O'FERRELL

Fla. | 1934-01-27
113 Fla. 838 Florida Supreme Court (1934) Positive Treatment
Also reported at: 152 So. 621
Cited by 2 cases

Opinion of the Court
Per Curiam.

Per Curiam.

In this case a majority of the Court are of the opinion that the order appealed from falls within the purview of Therrell v. Howland, 108 Fla. 299, 146 Sou. Rep. 203 (6th headnote), and that, therefore, it should be reversed and remanded on authority of the opinion in that case.

Reversed and remanded.

Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.

Brown, J., disqualified.


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  • Franklyn S., Inc. v. Riesenbeck, 166 So. 2d 831 (Fla. 3d DCA 1964)
    …les clearly indicated that a motion for subpoena duces tecum could not be addressed to a party either at the time of taking his deposition or at the time of trial. See: Therrell v. Howland, 108 Fla. 299, 146 So. 203; Biscayne Trust Co. v. O’Ferrell, 113 Fla. 838, 152 So. 621; § 63.49 Fla.Stat., 1949 (Repealed); Rule 49, Florida Equity Rules, superseded by Florida Rules of Civil Procedure, 1954. The reasoning behind the rule was that it would enable a party to harass and annoy the opposing party if he were p…

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