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PIERCE v. GROVE MFG. CO. INC.6/8/1990
(Me. 1989). "The collateral order exception to the final judgment rule allows an immediate appeal from an interlocutory order . . . where (1) that order involves a claim separable from the collateral to the gravamen of the lawsuit; (2) it presents a major and unsettled question of law; and (3) there would be irreparable loss of the rights claimed in the absence of immediate review." Myerowitz, 507 A.2d 478, 580 (Me. 1986). As shown above, there has been no demonstration of an "irreparable loss of rights claimed in the absence of immediate review." The harms of which Grove complains are merely speculative, not imminent. If we were to engage in the practice of granting interlocutory review of discovery orders whenever a party can allege that entry of the order may injure him, we would undermine the purpose of the final judgment rule.
Given that we have determined that Grove's appeal does not fit within one of the exceptions to the final judgment rule, we do not consider whether Grove's appeal was, as Pierce contends, untimely filed.
The entry is:
Appeal dismissed.
All concurring.
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