Bavarian Soccer Club, Inc. v. Pierson

Initially, for our consideration of the issues on this appeal, it is necessary to establish the nature of the order appealed from. Essentially, it is comprised of two parts: The first part in which the trial court directs the production of certain items, all in order to assist the plaintiff in formulating its complaint and gathering evidence to support its cause; the second part in which the trial court refuses to dismiss the action.

For purposes of this appeal it is first appropriate to consider the appeal on the first part of the trial court’s order. Two issues are raised on that portion of…