Florida District Courts of Appeal, 1993

Alex Hofrichter, P.A. v. Donald S. Zuckerman, P.A.

Alex Hofrichter, P.A. v. Donald S. Zuckerman, P.A.
Florida District Courts of Appeal · Decided September 7, 1993 · Barkdull, Hubbart, Schwartz
623 So. 2d 829; 1993 Fla. App. LEXIS 9093; 1993 WL 337149 (Southern Reporter, Second Series)

Alex Hofrichter, P.A. v. Donald S. Zuckerman, P.A.

Opinion of the Court

PER CURIAM.

We affirm the post-judgment order denying discovery in aid of execution based on the appellee Donald S. Zuckerman’s invocation of his Fifth Amendment privilege against self incrimination, without prejudice to the appellants [Alex Hofrichter, P.A. and Aex Hofri-chter, individually] to raise in the trial court on remand an issue which was expressly reserved by the trial court for future determination, namely, whether the appellee Donald S. Zuckerman has, by his conduct, waived his right to assert his Fifth Amendment privilege against self-incrimination in this proceeding. See, e.g., United States v. Argomaniz, 925 F.2d 1349, 1356 (11th Cir. 1991); Rainerman v. Eagle Nat'l Bank of Miami, 541 So.2d 740 (Fla. 3d DCA 1989).

Affirmed.

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