McCREERY v. FERNANDEZ

No. 4D04-3246.

882 So.2d 498 (2004)

Robert C. McCREERY, individually, and Wilhelm's Rattan, Inc., a Florida corporation, Petitioners, v. Nita Darlene FERNANDEZ, as Personal Representative of the Estate of Erin Mercedes Fernandez, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 15, 2004.


Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, for petitioners.

Searcy, Denney, Scarola, Barnhart & Shipley, P.A., and Diran V. Seropian of Edna L. Caruso, P.A., West Palm Beach, for respondent.


KLEIN, J.

Petitioner is a defendant in an accident case in which it is alleged he negligently caused a wrongful death. The accident also resulted in pending felony charges against petitioner. The petitioner argues that the trial court departed from the essential requirements of law in denying his motion for continuance of the trial in the civil case because the pending felony charges will require him to invoke his Fifth Amendment privilege against self-incrimination...

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