In re Guardianship of Sharp

Summary

The Fifth District Court of Appeals of Ohio held that a probate court's discovery order compelling production of medical, financial, and business records was a final, appealable order. The court reversed and remanded because the probate court had not conducted an in camera inspection to determine which records were privileged and relevant to the guardianship proceeding.

Holdings

1. A discovery order compelling production of medical records and confidential business material is a final, appealable order.
2. The probate court abused its discretion by compelling production of the broad medical, financial, and business-record requests without first conducting an in camera inspection to determine which records were privileged and which were relevant to the guardianship proceeding.

Questions Presented

1. Whether the probate court's discovery order compelling production of medical records and confidential business records was a final, appealable order.
2. Whether the probate court abused its discretion by compelling broad discovery without first conducting an in camera inspection to determine privilege and relevance.
3. Whether the probate court erred in lifting the stay on discovery directed to Ellen Sharp and removing limitations on discovery directed to Fountain Sharp.

Disposition

reversed_and_remanded