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STATE v. WELLINGTON PRECIOUS METALS, INC.

No. 68950.

510 So.2d 902 (1987)

STATE of Florida, Petitioner, v. WELLINGTON PRECIOUS METALS, INC., Daniel Weiss, and the Honorable Gerald Kogan, Judge of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, Respondents.

Supreme Court of Florida.

July 16, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., Miami, for petitioner.

Theodore Klein and Kevin Emas, of Fine, Jacobson, Schwartz, Nash, Block & England, P.A., Miami, for respondents.

SHAW, Justice.

We review State v. Wellington Precious Metals, Inc., 487 So.2d 326 (Fla. 3d DCA 1986), wherein the court construed the United States Constitution and held that a sole owner-corporate custodian of records may not be compelled to produce corporate records pursuant to a subpoena duces tecum if the act of producing will be communicative and incriminatory, in the absence of a grant of use immunity. We have jurisdiction...

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