Lin Castre Gosman v. Joseph J. Luzinski, as Trustee of the Bankruptcy Estate of Abraham David Gosman

Summary

In *Gosman v. Luzinski*, 937 So. 2d 293 (Fla. 4th DCA 2006), the Florida Fourth District Court of Appeal held that a party’s objection to a discovery request as overly broad and burdensome tolls the obligation to file a privilege log under Florida Rule of Civil Procedure 1.280(b)(5) until the trial court rules on the objection and determines which materials are “otherwise discoverable.” The court reasoned that requiring a privilege log before the scope of discovery is resolved would force a party to review potentially undiscoverable documents, and it granted certiorari to quash a trial court order that had found waiver of attorney-client and other privileges for failing to file a log while the scope objection was pending. This decision clarifies that a timely scope objection suspends the privilege-log duty, and waiver should not be imposed when procedural rules are followed.

Holdings

1. No, a party who has timely objected to a discovery request on grounds of overbreadth or burdensomeness is not required to file a privilege log until after the court resolves the objection. The filing of the objection tolls the obligation to serve a privilege log because, until the scope of discoverable information is determined, the documents are not 'otherwise discoverable' under Florida Rule of Civil Procedure 1.280(b)(5).
2. Yes, certiorari review is proper when a discovery order compels production of privileged materials, because such an order causes irreparable harm that cannot be remedied on appeal.

Questions Presented

1. Whether a party who objects to a discovery request as overly broad and burdensome waives attorney-client and other privileges by failing to file a privilege log before the court determines the scope of discoverable information.
2. Whether the circuit court departed from the essential requirements of law by finding waiver of privilege where the party had objected to the scope of discovery and requested an extension of time to file a privilege log.

Disposition

writ_granted