Fidelity National Title Insurance v. United Settlement Services, Inc.

OPINION BY

BOWES, J.:

¶ 1 This appeal is from a discovery order compelling Marjorie H. Berger, Appellant, to answer questions regarding matters she asserts are subject to the spousal privilege. Since application of the spousal privilege cannot be determined without analysis of the underlying issues in this action, we quash this appeal.

¶2 On December 22, 2004, Appellee, Fidelity National Title Insurance Company of New York (“Fidelity”), instituted this action against Marjorie Berger, her husband, Jay M. Berger, and three companies that either employ the Bergers or are owned by them, United…