Serving Privilege Log After Denial of Protective Order

In this insurance case, the trial court denied State Farm’s motion for protective order.  On Appeal, State Farm argued that the trial court should have conducted an in-camera review or addressed the objections to the discovery.  The appellate court affirmed on the basis that State Farm’s argument was premature, because “the general denial of State Farm’s motion was equivalent to a determination that all of the documents were ‘otherwise discoverable.’  At that point, State Farm’s claims of privilege and protection under the work product doctrine became mature,” thus giving State Farm the right to file a privilege log to protect any applicable privileges.  Thus, the appeal was premature in the absence of the trial court’s determinative ruling on the privilege issues.

State Farm v. Coburn, 39 Fla. L. Weekly D334b (Fla. 2d DCA Feb. 12, 2014).