G.S. v. Khavari
2016 Ohio 5187
Ohio Ct. App.2016Background
- Appellants (G.S., a minor, et al.) sued appellees (Dr. Parisa R. Khavari and an entity) for medical malpractice on April 2, 2014.
- Appellants designated Dr. Martin Gubernick as an expert; appellees subpoenaed his financial documents (including 1099s); Gubernick did not respond.
- Appellees moved to compel, for contempt, sanctions, and to exclude the expert; the trial court denied those requests but ordered production of experts’ 1099s for the five years before Feb. 15, 2016, under a protective order (Aug. 3, 2015).
- Appellants moved for reconsideration of the August 3 entry; the trial court denied reconsideration on April 1, 2016.
- Appellants timely appealed the April 1 order; appellees moved to dismiss the appeal for lack of a final appealable order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court's order to produce experts' 1099s is a "final order" under R.C. 2505.02(B)(4) as a provisional remedy | The April 1 denial of reconsideration is final and appealable under R.C. 2505.02(B)(4) | The August 3 production order is discovery (not privileged/confidential) and thus not a provisional remedy; denial of reconsideration of a nonfinal order is also nonappealable | Court held the production order did not create a provisional remedy because tax/financial records are not privileged/confidential; therefore the August 3 order is not final and the April 1 denial is not appealable |
| Whether tax returns/1099s here are confidential or privileged such that disclosure is immediately appealable | Appellants argued the production was effectively a disclosure of confidential information warranting immediate appellate review | Appellees argued tax/1099 records are not privileged and only receive heightened protection, not dispositive confidentiality | Court held tax returns/1099s are not privileged; protective order does not convert them into privileged/confidential material for purposes of immediate appeal |
Key Cases Cited
- General Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (1989) (appellate jurisdiction requires a final order)
Outcome: Appellees' motion to dismiss granted; appeal dismissed for lack of a final appealable order.