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FRANKLYN S., INC. v. RIESENBECK

No. 63-853.

166 So.2d 831 (1964)

FRANKLYN S., INC., a Florida corporation, Appellant, v. Josephine D. RIESENBECK and Elizabeth D. Grisillo, individually and as the members of, and constituting, the board of directors of Franklyn S., Inc., a Florida corporation, and M.L. Mershon, as the Administrator of the Estate of Thurman A. Whiteside, Deceased, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 10, 1964.

Attorney(s) appearing for the Case

Carr & Warren, Miami, for appellant.

Mershon, Sawyer, Johnston, Simmons & Dunwody and James E. Glass, Miami, for appellees.

Before BARKDULL, C.J., and CARROLL and HORTON, JJ.

CARROLL, Judge.

This is an interlocutory appeal from an order in equity which quashed a subpoena duces tecum addressed to a party to the cause on the ground that "a subpoena duces tecum will not run to a party at time of trial."

We are of the opinion that in so holding the chancellor was in error. Rule 1.34 of the 1954 Florida Rules of Civil Procedure, 30 F.S.A., which provides for issuance of witness subpoenas and...

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