Appealing a Discovery Order Requiring the Production of Work Product

A party moves for a petition for a writ of certiorari when appealing a discovery order. “To obtain a writ of certiorari, the petitioner must establish that the discovery order was a departure from the essential requirements of law resulting in a material injury that will affect the remainder of the proceedings below and the injury cannot be corrected on appeal.” Onward Living Recovery Community, LLC v. Mormeneo, 46 Fla.L.Weekly D637a (Fla. 3d DCA 2021). One example of “material injury,” otherwise referred to as “irreparable harm” is when the trial court orders the production of work product material (protected material prepared...

16 January

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Discovery Appeal by Non-Party in Dispute

Posted by David Adelstein

in Standard of Review, Trial Perspectives

Discovery disputes do not always go your way. You win some. You lose some. In losing a discovery dispute, it could give rise to an appeal through a petition for a writ of certiorari. Obviously, this is not an easy appeal but, certainly, there are instances where the trial court issues a discovery ruling that gives rise to irreparable harm supporting the basis for certiorari. This discovery ruling may be against a party, or in certain cases, a non-party. “To invoke the certiorari jurisdiction of this court, a petitioner must demonstrate a departure from the essential requirements of the law which...

10 May

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Appeal of Discovery Order — Not so Easy!

Posted by David Adelstein

in Appeal, Discovery

In litigation, there will be disputes as to the scope and perceived relevance of discovery (e.g., scope of document production, depositions, and interrogatory answers). It may not occur in every case, but it will occur. There is no such thing as discovery orders always going in your favor. Not possible. Some discovery orders entered against you are understandable. Others lead to a certain amount of frustration. And, others leave you with consternation such that you feel that you need to appeal based on the perceived prejudice. The appeal of a discovery order, however, is through a petition for writ of...