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FOX v. KELNER

No. 90-2811.

574 So.2d 311 (1991)

Sylvia FOX, Petitioner, v. Milton KELNER, Respondent.

District Court of Appeal of Florida, Third District.

February 19, 1991.

Attorney(s) appearing for the Case

Peter Raben, Coconut Grove, for petitioner.

Milton Kelner, in pro. per.

Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.

PER CURIAM.

Petitioner, Sylvia Fox (Fox), petitions for certiorari review of an order compelling discovery in proceedings supplementary brought by respondent, Milton Kelner. We treat this petition as an appeal from a non-final post-judgment order, and reverse and remand. Fla.R.App.P. 9.130(a)(4), 9.040(c).

Fox challenges the order compelling discovery based on her fifth amendment privilege against self-incrimination. We agree that Fox may properly assert the...

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