Wednesday, July 13, 2011

Premature Appeal

In a complicated series of domestic relations matters, a husband and wife settled with a provision that the wife would be maintained as the beneficiary of a $1.5 million insurance policy. This became an issue when the husband bcame terminally ill (he is now deceased). He had violated the agreement by designating his girlfriend as his beneficiary. The now ex-wife retained a law firm to protect her interests.

The law firm later sued the ex-wife for fees. As so often happens, she counterclaimed on allegations of legal maplractice. The law firm sought deposition discovery from the ex-wife's present counsel. Counsel move to quash but the court nonetheless ordered compliance.

The Maryland Court of Appeals held that the order denying the motion to quash was not immediately appealable under the collateral order doctrine. (Mike Frisch)

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