Dade Truss Co. Inc. v. Beaty
Defendants in an auto-accident case sought certiorari review of orders overruling work-product objections to discovery concerning a private investigator they had listed, then purported to withdraw, as a witness. The Third District denied the petition, holding that work-product privilege was not preserved as to requests where only non-privilege objections were raised below, and that as to the three requests where privilege was asserted, the claim was not yet ripe because no privilege log had been filed after the trial court's preliminary ruling that the materials were otherwise discoverable.
Key facts
- Defendants in an auto-accident case sought certiorari review of trial court orders compelling discovery of materials related to a private investigator they had listed, then withdrawn, as a witness.
- The trial court overruled defendants' work-product objections to discovery requests, with defendants raising only non-privilege objections to some requests and both privilege and non-privilege objections to others.
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Why it matters
The opinion gives practitioners a clear, citable sequencing rule for privilege logs: when non-privilege objections are also lodged, the log obligation is triggered only after the court rules the materials otherwise… — full analysis with a trial
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