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FIRST UNION NAT. BANK v. FIRST CITIZENS

No. 3377.

346 S.C. 462 (2001)

551 S.E.2d 301

FIRST UNION NATIONAL BANK, Plaintiff, v. FIRST CITIZENS BANK AND TRUST COMPANY OF SOUTH CAROLINA, Defendant/Third-Party Plaintiff, v. Bruce Beach, d/b/a Cars Unlimited, Jay Crull, d/b/a Lowcountry Auto Sales; and Carl Maxfield and Toni Maxfield, d/b/a TLM Cars, Inc., Third-Party Defendants, Of Whom First Union National Bank, First Citizens Bank and Trust Company of South Carolina, Bruce Beach, d/b/a Cars Unlimited, and Carl Maxfield and Toni Maxfield, d/b/a TLM Cars, Inc., are Respondents, and Jay Crull, d/b/a Lowcountry Auto Sales is Appellant.

Court of Appeals of South Carolina.

Decided August 6, 2001.

Attorney(s) appearing for the Case

Benjamin Goldberg and Ivan Nossokoff, both of Charleston, for appellant.

G. Wells Dickson, Jr. and Gerald A. Kaynard; Richard S. Rosen and Kevin R. Eberle, both of Rosen, Goodstein & Hagood; W. Andrew Gowder, Jr., of Pratt-Thomas, Pearce, Epting & Walker, all of Charleston; and Thomas O. Mason, of Sherriff & Roof, of Columbia, for respondents.

HUFF, Judge:

In this civil action, Jay Crull asserted his state and federal constitutional rights against self-incrimination as the basis for his refusal to answer discovery requests from First Citizens Bank and Trust Company of South Carolina ("First Citizens"). The trial court held Crull in contempt. We reverse.

FACTS

On April 1, 1998, First Union National Bank ("FUNB") sued First Citizens for wrongful...

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