Supreme Judicial Court of Maine
Phyllis J. Lewellyn v. John A. Bell
December 22, 19931993 Me. LEXIS 260
Summary
The court dismissed the Client’s appeal from an order compelling production of documents concerning communications with other attorneys before settlement of an earlier lawsuit. It held that the discovery order was interlocutory and that the Client had not shown the concrete, imminent, and irreparable harm required for either the collateral-order or death-knell exception to the final judgment rule. The court therefore did not reach the attorney-client privilege, waiver, scope, or in-camera-review issues.
Holding
- Immediate appealability of the discovery order. The appeal must be dismissed because the discovery order was interlocutory and the Client failed to demonstrate the imminent, concrete, and irreparable loss required for either the collateral-order or death-knell exception to the final judgment rule.
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