Doolittle v. Shumer
Doolittle v. Shumer
Opinion of the Court
Petitioner, the plaintiff below, seeks a writ of certiorari to quash an indefinite order of abatement of her civil action against Respondents. In the action below, Petitioner seeks damages- from the Respondents for injuries she sustained as a result of a dog attack. Respondents, Julie Shumer and Frank Shumer, are the alleged owners of the dog that attacked Petitioner and her dog, resulting in the death of Petitioner’s dog. The third Respondent, Kenneth Samuel Savage, was employed by the Shumers to walk the dog.
Approximately six weeks after the Respondents filed their answer and several affirmative defenses to the complaint,
Petitioner contends that the indefinite order of abatement of the entire case based upon Julie Shumer’s blanket assertion of the Fifth Amendment privilege against self-incrimination is a departure from the essential requirements of law that will cause her irreparable harm. We agree and grant the writ in part.
“It is settled law that the privilege against self-incrimination may be properly asserted during discovery proceedings if the civil litigant has reasonable grounds to believe that direct answers to deposition or interrogatory questions would furnish a link in the chain of evidence needed to prove a crime against him.” Childs v. Solomon, 615 So.2d 865, 866 (Fla. 3d DCA 1993) (citing Rainerman v. Eagle Nat’l Bank, 541 So.2d 740 (Fla. 3d DCA 1989)). The trial court, however, in considering a request for abatement should exercise the least intrusive means in fashioning relief, keeping in mind that a plaintiffs legitimate need to proceed expe-' ditiously must also be given weight. Kerben v. Intercontinental Bank, 573 So.2d 976, 978 (Fla. 5th DCA 1991); State v. Antonucci, 590 So.2d 998, 1000 (Fla. 5th DCA 1991). The challenged order, contrary to Respondent’s assertion, does not simply delay the case for a finite period.
We quash the order as to the Co-Respondents because we find that an abatement as to them departs from the essential requirements of law.
. Counsel representing Julie Shumer in this proceeding represents all three Respondents in the litigation below.
. None of the other Respondents have been criminally charged.
. The transcript of the hearing on the motion to abate reflects that counsel for Petitioner specifically inquired if the stay would "automatically quash” after 90 days. The court apparently declined to explicitly address the inquiry, and instead, abated the case and scheduled a case management conference.
. The civil suit was filed in August 2013. "In Klein v. Royale Group, Ltd., 524 So.2d 1061, 1062-63 (Fla. 3d DCA 1988), the court held ’ that a stay became unreasonable fourteen months after the filing of the suit.” Eller Media Co. v. Serrano, 761 So.2d 464, 466-67 (Fla. 3d DCA 2000).
.The record before us does not indicate that interrogatories have been propounded to Julie Shumer or that her deposition had been scheduled. In any event, not every question
Case-law data current through December 31, 2025. Source: CourtListener bulk data.