Nelson v. Toledo Oxygen & Equipment Co.

Upon review, we conclude that an order compelling the discovery of alleged work-product materials is not a final appealable order under R.C. 2505.02.

Appellant Nelson contends that such an order is appealable under R.C. 2505.02 because it “affects a substantial right made in a special proceeding.” We agree that the qualified work-product exemption set forth in Civ.R. 26(B)(3) constitutes a “substantial right.” Civ.R. 26(B)(3) generally provides that trial-preparation materials are exempt from discovery unless “good cause” is shown for their production. The justification for this exemption was…