Ex Parte M & F Bank (in Re M & F Bank v. First American Title Insurance Company)

Summary

The Alabama Supreme Court denied M & F Bank’s petition for a writ of mandamus, affirming the Jefferson Circuit Court’s order that set aside the earlier order granting M & F’s motion to quash subpoenas. The Court held that M & F failed to preserve any argument that the communications were privileged under Rule 502(b)(3), and therefore could not obtain mandamus relief. The decision also reiterated that discovery orders are reviewed only in exceptional cases, such as when a privilege is disregarded.