Stok v. Turnberry 12G, LLC
On certiorari, the Third District quashed portions of a discovery order that permitted subpoenas to a law firm for third parties' attorney-client privileged records and for third parties' medical records, where the trial court had addressed the privilege and privacy objections solely by entering a confidentiality order. The court held that failing to establish a method to review and determine which materials were privileged departed from the essential requirements of law, while allowing the remaining subpoenas to issue subject to objections and a privilege log.
Key facts
- Stok sought certiorari review of a trial court discovery order that directed subpoenas to a law firm for third parties' attorney-client privileged records and for third parties' medical records.
- The trial court overruled privilege and privacy objections by entering only a confidentiality order without establishing a procedure to review which materials were actually privileged.
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Why it matters
A concise, quotable rule for certiorari petitions challenging discovery orders: a confidentiality order is not a substitute for an actual privilege determination (e.g., in camera review or privilege log procedure)… — full analysis with a trial
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