5D10-1533 Lang v. Bush

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-1533

Case Date: 01/17/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

CARLOS LANG, F. LANG AND S. LANG, MINORS Petitioners, v. JOHN BUSH, JR., Respondent. ________________________________/ Opinion filed January 21, 2011 Petition for Certiorari Review of Order from the Circuit Court for St. Johns County, J. Michael Traynor, Judge. James L. D'Andrea, C. Ryan Eslinger and Lauren K. Jacobellis of Milton, Leach, Whitman, D'Andrea & Milton, P.A., Jacksonville, for Petitioners. Kirsten Doolittle of The Law Office of Kirsten Doolittle, P.A., Jacksonville, for Respondent. Case No. 5D10-1533

PER CURIAM. We deny the Petition for Certiorari. We conclude that the trial court applied the correct legal standard. See O'Neal v. Sun Bank, N.A., 754 So. 2d 170, 172 (Fla. 5th DCA 2000) (Fifth Amendment may be invoked when deponent has "reasonable grounds to believe that direct answers to deposition or interrogatory would furnish a link in the chain of evidence needed to prove a crime against him."). Here, Petitioners have no

reasonable apprehension of criminal prosecution because the federal statute is not applicable and the statute of limitations has run on the applicable state crime. PETITION DENIED.

ORFINGER, TORPY and EVANDER, JJ., concur.

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