2016 Ohio 1516
Ohio Ct. App.2016Background
- Relators-appellees sought discovery in a mandamus action concerning the state agencies' Medicare rate-setting process.
- The department opposed depostion of certain individuals, claiming attorney-client privilege over the information.
- Trial court granted a motion to compel discovery; the department appealed and movant sought dismissal for lack of final appealable order.
- Appellants argue the discovery order is not final or ripe because no material has been produced yet.
- The court examines whether privileged-discovery orders are appealable under RC 2505.02(B)(4) and preserves privilege waiver issues.
- The appellate court ultimately holds the discovery order is a final appealable order and denies the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the order is a final appealable order under RC 2505.02(B)(4). | Providers: order not ripe; no production yet. | Department: order effectively determines the provisional remedy and is appealable. | Yes, the order is a final appealable order. |
| Whether waiver defeats appellate jurisdiction over privilege claims. | Waiver undermines appeal; no preserved privilege. | Waiver not required for jurisdiction; colorable claim of privilege suffices. | Waiver does not defeat jurisdiction; privilege claim may proceed on appeal. |
Key Cases Cited
- Bd. of State Teachers Retirement System of Ohio v. Davis, 113 Ohio St.3d 410 (2007-Ohio-2205) (final-appealability framework for interlocutory orders)
- Irvin v. Eichenberger, 2015-Ohio-4400 (10th Dist. No. 15AP-824, 2015-Ohio-4400) (distinction where in-camera review preserves or defeats immediacy of appeal)
- Bennett v. Martin, 2009-Ohio-6195 (10th Dist. No. 09AP-294, 2009-Ohio-6195) (provisional-remedy discovery orders privilege-related appeal)
- Callahan v. Akron Gen. Med. Ctr, 2005-Ohio-5103 (9th Dist. No. Civ.A. 22387, 2005-Ohio-5103) (colorable-claim approach to privilege)
- Schottenstein, Zox & Dunn v. McKibben, 2002-Ohio-5075 (10th Dist. No. 01AP-1384, 2002-Ohio-5075) (provisional-remedy privilege discovery jurisdiction)
- Dispatch Printing Co. v. Recovery Ltd. Partnership, 166 Ohio App.3d 118 (1st Dist., 2006-Ohio-1347) (premature appeals from non-final discovery orders)