Stockham v. Stockham, 4174
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | SHANNON; SMITH, C. J., and ALLEN |
| Citation | 159 So.2d 481 |
| Parties | William H. STOCKHAM, Appellant, v. Elizabeth R. STOCKHAM, Appellee. |
| Docket Number | No. 4174,4174 |
| Decision Date | 04 December 1963 |
Page 481
v.
Elizabeth R. STOCKHAM, Appellee.
Rehearing Denied Jan. 23, 1964.
Edwin J. Kennedy, Sarasota, for appellant.
James M. McEwen, Tampa, for appellee.
SHANNON, Judge.
The plaintiff-appellee filed her complaint for divorce against the defendant-appellant on the grounds of cruelty. The defendant filed his answer, denying plaintiff's allegations and asserting an affirmative defense. The defendant's attorney, pursuant to Rule 1.30, Florida Rules of Civil Procedure, 30 F.S.A., served upon plaintiff's attorney certain requests for admissions, which went to and were concerned with defendant's affirmative defense. To these requests for admissions the plaintiff interposed several objections which were noticed for hearing. Upon commencement of the hearing plaintiff's counsel tendered to the defendant's counsel plaintiff's answers to the requests for admissions which were not objected to, and announced in open court that all objections thereto were waived. As to the objectionable requests, plaintiff maintained that they constituted inquiry into privileged matter, and she declined to answer these certain enumerated requests for admissions upon the grounds of the privilege afforded her by Sec. 12 of the Declaration of Rights of the Constitution of Florida, F.S.A. in that her answers thereto might tend to incriminate her. The chancellor ruled that the plaintiff, having asserted the privilege afforded her by the Florida Constitution, was not required to answer the requests. Thereafter, the defendant moved the court to strike all of the pleadings of the plaintiff, dismiss her complaint, and deny her the relief prayed for. The court denied the defendant's petition, and it is from this order that this appeal is taken.
In 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 no motion
Page 482
was filed requesting the court to strike plaintiff's testimony, dismiss his complaint, or deny him the equitable relief prayed for in his complaint. The appellate court stated that since no such relief had been requested, the question was premature. The appellant herein argues that since in the instant...To continue reading
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Christenson v. Christenson, No. 41463
...her complaint would be dismissed. Quoting with approval the appellate court's opinion in Stockham v. Stockham (Fla.App.) 159 So.2d 481, affirmed (Fla.) 168 So.2d 320, 4 A.L.R.3d 539, the court said (161 So.2d 'In line with the sound reasoning applied in the cases cited, we hold that the pla......
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Brown v. Ames, No. 5-71 Civ. 109.
...574, aff'd 7 A.D.2d 995, 183 N.Y.S.2d 868, aff'd, 6 N.Y.2d 892, 190 N.Y.S.2d 702, 160 N.E.2d 921; Stockham v. Stockham, Fla.App., 159 So.2d 481, aff'd 168 So.2d 320, 4 A.L.R.3d 539 (1964). The note in 4 A.L.R.3d 545 collects and recites other cases to the same effect. Analogy is drawn to th......
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Lund v. Lund, No. 3936
...11 So.2d 322; and Heath v. Heath, 1932, 103 Fla. 1071, 138 So. 796, 82 A.L.R. 537. In the case of Stockham v. Stockham, Fla.App.s963, 159 So.2d 481, decided after the appeal in the instant case was perfected, this court held that when a plaintiff-wife refused to answer requests for admissio......
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Stockham v. Stockham, No. 33350
...within a reasonable time, and failing to do so her suit her divorce would be dismissed. See Stockham v. Stockham, Fla.App.1963, 159 So.2d 481. Mrs. Stockham, appellant, seeks reversal here of the decision of the District Court of Our jurisdiction of this appeal arises from the provisions of......
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Christenson v. Christenson, 41463
...her complaint would be dismissed. Quoting with approval the appellate court's opinion in Stockham v. Stockham (Fla.App.) 159 So.2d 481, affirmed (Fla.) 168 So.2d 320, 4 A.L.R.3d 539, the court said (161 So.2d 'In line with the sound reasoning applied in the cases cited, we hold that the pla......
-
Brown v. Ames, 5-71 Civ. 109.
...574, aff'd 7 A.D.2d 995, 183 N.Y.S.2d 868, aff'd, 6 N.Y.2d 892, 190 N.Y.S.2d 702, 160 N.E.2d 921; Stockham v. Stockham, Fla.App., 159 So.2d 481, aff'd 168 So.2d 320, 4 A.L.R.3d 539 (1964). The note in 4 A.L.R.3d 545 collects and recites other cases to the same effect. Analogy is drawn to th......
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Lund v. Lund, 3936
...11 So.2d 322; and Heath v. Heath, 1932, 103 Fla. 1071, 138 So. 796, 82 A.L.R. 537. In the case of Stockham v. Stockham, Fla.App.s963, 159 So.2d 481, decided after the appeal in the instant case was perfected, this court held that when a plaintiff-wife refused to answer requests for admissio......
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Stockham v. Stockham, 33350
...within a reasonable time, and failing to do so her suit her divorce would be dismissed. See Stockham v. Stockham, Fla.App.1963, 159 So.2d 481. Mrs. Stockham, appellant, seeks reversal here of the decision of the District Court of Our jurisdiction of this appeal arises from the provisions of......