Blais v. Blais, B-184

Citation112 So.2d 860
Decision Date09 June 1959
Docket NumberNo. B-184,B-184
PartiesMarie D. BLAIS, Appellant, v. Joseph R. BLAIS, Appellee.
CourtCourt of Appeal of Florida (US)

Cobb, cole & Pierce, Daytona Beach, for appellant.

Adams & Judge, Daytona Beach, for appellee.

WIGGINTON, Judge.

This interlocutory appeal questions the propriety of an order entered by the chancellor holding that appellee may assert his privilege against self-incrimination as guaranteed by Section 12 of the Declaration of Rights of the Florida Constitution, F.S.A.

Appellee husband filed a complaint seeking divorce from appellant wife on the grounds of cruelty. The wife answered and asserted as an affirmative defense that plaintiff was guilty of adultery. After plaintiff's direct examination in support of the allegations of his complaint, defendant's counsel sought to cross examine plaintiff regarding the act of adultery alleged in her answer as a defense to the complaint. To specific questions concerning the alleged adultery plaintiff refused to answer on the ground of self-incrimination.

We are of the view that on the basis of the record before us appellee has not waived his right to assert the mentioned constitutional privilege and the chancellor was correct in so holding. 1

Appellant concedes that absent waiver, appellee may lawfully assert the privilege of refusing to answer the questioned interrogatories propounded him on cross-examination upon the ground of self-incrimination. She urges, however, that having asserted such privilege the chancellor should strike appellee's testimony, dismiss his complaint, or deny him the equitable relief prayed for in his complaint. No application having yet been made to the chancellor for an order imposing any of the penalties here advocated, the questions raised by appellan are patently premature. Since no ruling has yet been made by the chancellor on such contentions, we refrain from making any comment with respect to the merits thereof.

Affirmed.

STURGIS, C. J., and CARROLL, DONALD K., J., concur.

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4 cases
  • Lund v. Lund
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 1964
    ...was entitled to have her complaint dismissed. The plaintiff-wife in that case relied upon the opinion of the court in Blais v. Blais, Fla.App.1959, 112 So.2d 860. There, the same question was presented except that no motion was filed requesting the court to strike the plaintiff's testimony,......
  • Stockham v. Stockham
    • United States
    • United States State Supreme Court of Florida
    • October 21, 1964
    ...seek to thwart the defendants by invoking a privilege to justify a refusal to answer pre-trial questions.' Florida cases [Blais v. Blais, Fla.App.1959, 112 So.2d 860; State ex rel. Mitchell v. Kelly, Fla.1954, 71 So.2d 887; Boynton v. State, Fla.1954, 75 So.2d 211] relied upon by appellant ......
  • Stockham v. Stockham
    • United States
    • Court of Appeal of Florida (US)
    • December 4, 1963
    ...his argument and brief the appellant takes the position that the appellee rests her case on the strength of the opinion in Blais v. Blais, Fla.App.1959, 112 So.2d 860, where the requested relief was denied. In that case the same question was presented that we have here, except that in Blais......
  • Board of Public Instruction, Dade County v. Duffy, 59-146
    • United States
    • Court of Appeal of Florida (US)
    • June 11, 1959

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