Opinion
No. 3D14–1017.
2015-01-21
Arkady VAYGENSBERG, Appellant, v. Alexander BARASH, Appellee.
An Appeal from a non-final order from the Circuit Court for Miami–Dade County, Sarah I. Zabel, Judge. William N. Norris, for appellant. Richard F. Watson, for appellee.
An Appeal from a non-final order from the Circuit Court for Miami–Dade County, Sarah I. Zabel, Judge.
William N. Norris, for appellant. Richard F. Watson, for appellee.
Before WELLS, ROTHENBERG and EMAS, JJ.
PER CURIAM.
We treat this appeal as a petition for writ of certiorari, seeking review of the trial court's order granting a motion to compel discovery in aid of execution on a money judgment previously entered against Arkady Vaygensberg (“petitioner”) in favor of Alexander Barash (“respondent”). During his deposition, petitioner asserted his Fifth Amendment right to refuse to answer questions regarding his income and whether he filed federal income tax returns for the immediately-preceding six years. Petitioner also invoked his Fifth Amendment right in response to respondent's request for the production of petitioner's personal federal income tax returns for those same years. Respondent filed a motion to compel petitioner to answer the deposition questions and to produce the requested tax returns. The trial court conducted two hearings on the motion and thereafter entered an order granting the motion to compel.
In light of petitioner's failure to provide transcripts of the hearings held below, and the absence of an evidentiary basis to support petitioner's unadorned assertion of a Fifth Amendment claim, we deny the petition.