Feldman v. Ide

¶1DISSENTING OPINION BY

¶2¶ 1 I respectfully dissent from the Opinion of my learned colleague. The majority holds that the Order on appeal in this case *1213is subject to review under the collateral order doctrine. I disagree.

¶3¶ 2 Generally, discovery orders are considered interlocutory and unappealable. See Makarov v. Lukenda, 856 A.2d 163, 163 (Pa.Super.2004); Robec, Inc. v. Poul, 452 Pa.Super. 264, 681 A.2d 809, 811 (1996); Joyce & Associates v. Pivirotto, 358 Pa.Super. 50, 516 A.2d 763, 764 (1986); McManus v. Chubb Group of Ins. Companies, 342 Pa.Super. 405, 493 A.2d 84, 87 (1985). However, under the collateral order doctrine, an interlocutory order may be appealable if the order “is an order separable from and collateral to the main cause of action where the right involved is too important to be denied review and the question presented is such that if review is postponed until final judgment in the case, the claim will be irreparably lost.” Pa.R.A.P. 313(b).

¶4¶ 3 The majority has concluded that the trial court’s Order overruling defendant’s objections to the plaintiffs’ request for production is appealable pursuant to the collateral order doctrine. I cannot agree with the majority’s conclusion.

¶5¶ 4 The instant case is distinguishable from Ben v. Schwartz, 556 Pa. 475, 729 A.2d 547 (1999), cited by the majority. In the instant case, there is no issue of privilege as was present in the Schwartzcase. The discovery request in Schwartzinvolved disclosure of medical records of persons not involved in the litigation as well as the issue of executive privilege. In the instant case, the discovery request involves disclosure of tax returns of the defendant’s expert to determine his potential bias. In addition, resolution of the issue in this case does not impact on individuals other than those involved in the litigation, as was the case with the investigative files of the Bureau in Schwartz. Thus, I find no rights at issue in this case which are significant enough to overcome adherence to the final judgment rule. Accordingly, I conclude that the trial court correctly opined that its Order overruling the defendant’s objections to plaintiffs request for production was not an appealable Order. I would therefore quash this appeal.4