AUSTIN v. BARNETT BK. OF SOUTH FLA.

No. 85-269.

472 So.2d 830 (1985)

Sybil AUSTIN, Petitioner, v. BARNETT BANK OF SOUTH FLORIDA, N.A., Respondent.

District Court of Appeal of Florida, Fourth District.

July 10, 1985.


Attorney(s) appearing for the Case

Rhea Grossman of Grossman & Eichenbaum, P.A., Miami, for petitioner.

Jeffrey Allan Hirsch and Marilyn Holifield of Holland & Knight, Fort Lauderdale, for respondent.


HERSEY, Chief Judge.

Petitioner seeks certiorari review of an order compelling the production of documents claimed to be privileged. The trial court's order was based, at least in part, on the fact that petitioner's assertion of the Fifth Amendment privilege against self-incrimination was untimely. We grant the petition for writ of certiorari.

As we interpret rule 1.380(d), Florida Rules of Civil Procedure, its proscription that "[t]he failure to act described...

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