Wahnon v. Coral & Stones Unlimited Corp.
In a replevin and civil theft suit between diamond merchants, the trial court found the defendant waived his Fifth Amendment privilege by giving conclusory self-serving testimony before invoking it, then struck his pleadings, entered a default, imposed $500/day fines totaling $157,000, and issued a writ of bodily attachment. The Third District granted certiorari and quashed the sanction orders, holding there was no waiver and that civil contempt is an improper tool to coerce testimony from a party properly invoking the privilege.
Key facts
- Diamond merchant plaintiff Wahnon sued defendant Coral & Stones Unlimited Corp. in a replevin and civil theft action over disputed diamonds.
- The trial court found defendant waived his Fifth Amendment privilege by giving conclusory self-serving testimony before invoking it, then imposed severe sanctions including striking his pleadings, entering a default judgment, imposing $500/day fines totaling $157,000, and issuing a writ of bodily attachment.
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Why it matters
This is a significant roadmap opinion on the recurring collision between a civil defendant's Fifth Amendment privilege and the opposing party's constitutional right of access to the courts. Practitioners defending… — full analysis with a trial
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