Minor v. Minor

Minor v. Minor, 240 So. 2d 301 (Fla. 1970)

Court: Supreme Court of Florida · State Highest Courts
Decided: October 21, 1970
Docket: No. 39592
Judges: Drew
Citations: 240 So. 2d 301

Cited by 18 1 descriptions by later courts

Opinion

240 So.2d 301 (1970)

Betty J. MINOR, Petitioner,

Basil F. MINOR, Respondent.

No. 39592.

Supreme Court of Florida.

October 21, 1970.

*302 Thomas J. Collins, Collins, Hallett, Ford & Thurman, St. Petersburg, for petitioner.

Michael N. Athanason, Harris, Wing, Clark & Green, St. Petersburg, for respondent.

DREW, Justice.

We have for review by writ of certiorari a decision of the District Court of Appeal, Second District, [1] affirming a trial court order that compels the plaintiff wife in a divorce action to answer over objections invoking the Fifth Amendment protection against self-incrimination certain pretrial deposition questions relating to the husband's counterclaim of adultery, or suffer dismissal of her complaint. The decision's direct conflict with Simkins v. Simkins [2] from the Third District Court of Appeal lodges jurisdiction in this Court pursuant to Fla. Const. art. V, § 4(2), F.S.A.

The district court relies upon our decision in Stockham v. Stockham [3] , in which we held that a plaintiff in a divorce action should not be permitted to further prosecute her action upon refusal to answer certain requests for admissions related to an affirmative defense of adultery. The majority of the District Court of Appeal, Third District, reached an opposite conclusion in Simkins v. Simkins, supra , by relying upon Spevack v. Klein [4] and Garrity v. New Jersey [5] , two United States Supreme Court decisions handed down three years after rendition of Stockham by this Court.

We have carefully reviewed Spevack and Garrity , and other related cases for possible impact upon the precise issue now before the Court. We agree with the analysis of a majority of the district court that subsequent United States Supreme Court decisions do not require alteration of our previously expressed conclusion.

We adhere to our earlier decision in Stockham , disapprove the result reached in Simkins v. Simkins, supra , and approve the decision of the district court below.

It is so ordered.

ERVIN, C.J., and ADKINS and BOYD, JJ., concur.

ROBERTS, J., dissents.

NOTES

[1] Minor v. Minor, 232 So.2d 746 (2d Dist. Ct.App.Fla. 1970).

[2] 219 So.2d 724 (3d Dist.Ct.App.Fla. 1969).

[3] 168 So.2d 320 (Fla. 1964).

[4] 385 U.S. 511 , 87 S.Ct. 625 , 17 L.Ed.2d 574 (1967).

[5] 385 U.S. 493 , 87 S.Ct. 616 , 17 L.Ed.2d 562 (1967).

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(rejecting contention that Spevack required reversal of its prior rule)

Meyer v. Second Judicial Dist. Court, ETC., 591 P.2d 259 (Nev. 1979)

Cited by 18 cases

View all citing references →

Relies on it most ⓘ

Village Inn Restaurant v. Aridi543 So. 2d 778 (Fla. Dist. Ct. App. 1989)
Rollins Burdick Hunter v. Euroclassics Ltd.502 So. 2d 959 (Fla. Dist. Ct. App. 1987)
Carl D. Wehling and Geraldine D. Wehling v. Columbia Broadcasting System608 F.2d 1084 (5th Cir. 1980)
Ginsberg v. Fifth Court of Appeals686 S.W.2d 105 (Tex. 1985)
Griffith v. Griffith506 S.E.2d 526 (S.C. Ct. App. 1998)
Jones v. B. C. Christopher & Co.466 F. Supp. 213 (D. Kan. 1979)

Most recent

In re Thomas Lytle and Ellen LytleNo. 12-15-00216-CV (Tex. App.—Tyler Oct. 9, 2015)
Griffith v. Griffith506 S.E.2d 526 (S.C. Ct. App. 1998)
Luskin v. Luskin616 So. 2d 559 (Fla. Dist. Ct. App. 1993)
Village Inn Restaurant v. Aridi543 So. 2d 778 (Fla. Dist. Ct. App. 1989)
Rollins Burdick Hunter v. Euroclassics Ltd.502 So. 2d 959 (Fla. Dist. Ct. App. 1987)
Zabrani v. Riveron495 So. 2d 1195 (Fla. Dist. Ct. App. 1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

Depth	Case	Cited by
	Garrity v. New Jersey, 385 U.S. 493 (1967)	1,275
	Spevack v. Klein, 385 U.S. 511 (1967)	637
	Stockham v. Stockham, 168 So. 2d 320 (Fla. 1964)	55
	Simkins v. Simkins, 219 So. 2d 724 (Fla. Dist. Ct. App. 1969)	17
	Minor v. Minor, 232 So. 2d 746 (Fla. Dist. Ct. App. 1970)	12
	O'Neal v. State, 240 So. 2d 301 (Fla. 1970)	0

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