Summitbridge Natl. Invests., L.L.C. v. Ameritek Custom Homes, Inc.
2013 Ohio 760
Ohio Ct. App.2013Background
- SummitBridge appealed a trial court discovery-order in a sanctions-foreclosure case.
- Defendants sought SummitBridge’s attorney-fee records and documents evidencing the dismissal decision.
- SummitBridge objected to the production of documents claimed as attorney-client privileged.
- The trial court ordered production of attorney-fee information; for the dismissal documents, it conditioned production on waiving the advice-of-counsel defense or on counsel testifying.
- SummitBridge challenged only the compelled-production portion concerning privileged communications; the court’s order was conditional, not formally ordering production of privileged material.
- The First District dismissed the appeal as not final or appealable under Ohio law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the order is final and appealable | SummitBridge argues the order concerning privileged material is final. | Defendants contend the order is not final or appealable. | Not final or appealable; appeal dismissed. |
| Whether the discovery order concerning privileged material should be appealable | SummitBridge contends privileged materials were improperly ordered for discovery. | Defendants maintain no final order compelled production of privileged material. | Order not final; discovery order not appealable. |
Key Cases Cited
- Grace v. Mastruserio, 182 Ohio App.3d 243 (1st Dist. 2007) (discovery orders are generally not final or appealable)
- Dispatch Printing Co. v. Recovery Ltd. Partnership, 166 Ohio App.3d 118 (10th Dist. 2006) (finality concerns with discovery of protected materials; quells quagmires)
- Hadassah v. Schwartz, 2012-Ohio-3910 (1st Dist. 2012) (finality requirements for provisional remedies under RC 2505.02(B)(4))