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Vetter v. Twesigye1/20/2005
t's order failed to set out the scope and conditions of the IME, thus exposing them to the danger that privileged information will be revealed. However, reading the two orders in conjunction with one another, we find the court did set conditions and indicate the scope of the IME; they just were not the conditions that appellants wanted. Thus, even though in Kinsey we stated that an order without appropriate limitations "presents the danger of an unjust invasion of privacy that an appellate court would be unable to remedy in an appeal taken after final judgment," in this case, the court used its discretion to set what it considered to be appropriate limitations.
{ } In State ex rel. Lambdin v. Brenton (1970), 21 Ohio St.2d 21, the Ohio Supreme Court addressed whether a court may compel a plaintiff to submit to a physical examination by defendant's doctors in the absence of plaintiff's attorney. Although raised in the context of an action seeking a writ of prohibition, the court's pronouncement is nevertheless apt:
his is a matter within the sound discretion of the trial court. * * * If the court determined that the presence of relator's counsel would unduly impede defendant's physicians in making their examination, it had the power to order the exclusion of the attorney.
Id. at 22.
{ } Indeed, in addressing discovery orders, this court's standard of review is whether the trial court abused its discretion in rendering a decision that was arbitrary, unreasonable, or unconscionable. See Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219. In this case, the trial court used its discretion in concluding that appellants would not suffer irreparable harm by undergoing the IME without their counsel being present and set the conditions and scope of the IME accordingly. Appellants have failed to show that the court's order met the third prong of the Muncie test, in that appellants have not shown that the court's order precluded them from obtaining a meaningful or effective remedy by appeal following final judgment.
{ } This court has jurisdiction to hear appeals only from final orders and judgments. Because the trial court's order sustaining appellee's motions for protective order and to compel discovery is an interlocutory, preliminary ruling that does not meet the requirements of R.C. 2505.02, it is not a final order, and this court has no jurisdiction to review that decision. Accordingly, this appeal is dismissed for lack of a final appealable order.
Appeal dismissed.
PETREE and MCCORMAC, JJ., concur.
MCCORMAC J., retired of the Tenth Appellate District, assigned to active duty under authority of Section 6(C), Article IV, Ohio Constitution.
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