Smith v. Chen

{¶ 11} Respectfully, I dissent. I agree with the majority that “[a] proceeding for discovery of privileged matter” is a “provisional remedy” within the meaning of R.C. 2505.02(A)(3). Majority opinion at ¶ 5. However, I dissent from the majority’s decision to vacate the judgment of the court of appeals on the basis that the trial court’s order was not final and appealable under R.C. 2505.02(B)(4).

*414{¶ 12} The issue that the majority seizes upon — a lack of a final, appealable order — to vacate the judgment of the court of appeals was not raised or briefed by the parties. In response to this…