A. Morgan Bldg. Group, L.L.C. v. Owners Ins. Co.

Summary

The Ninth District Court of Appeals of Ohio dismissed Owners Insurance Group Company’s attempted appeal from an interlocutory order denying a protective order concerning the deposition of its attorney. The majority held that the order was not final and appealable because it did not specifically compel disclosure of privileged communications. A dissent would have treated the order as final and appealable and concluded that the trial court failed to follow the in-camera review and prima-facie showing requirements of R.C. 2317.02(A)(2).

Holdings

1. An order that merely denies a motion for a protective order and permits questioning about an attorney's role in a company's decision-making process is not final and appealable when it does not specifically compel disclosure of particular privileged communications or answers to particular questions.
2. Because Owners failed to demonstrate that the challenged interlocutory order was final and appealable, the Ninth District lacked subject-matter jurisdiction and was required to dismiss the attempted appeal.

Questions Presented

1. Whether the trial court's denial of Owners' motion for a protective order was a final, appealable order under Ohio law.
2. Whether the Ninth District had subject-matter jurisdiction over Owners' attempted interlocutory appeal.

Disposition

dismissed