Kurstin v. Bromberg
Annotate this CaseBromberg Rosenthal filed a complaint against Coralie Kurstin in district court, seeking a judgment for the balance of fees owed by Kurstin under an employment agreement in which Kurstin hired Bromberg to represent her in her divorce. During pretrial skirmishing, Bromberg issued a deposition subpoena to Kurstin's present counsel. Kurstin's counsel filed a motion to quash the subpoena, asserting the attorney-client privilege, and also filed a motion for a protective order. The district court denied both motions and ruled that the attorney-client privilege had been waived. Kurstin appealed. The court of special appeals dismissed the appeal as premature, concluding that collateral order doctrine precluded the appeal. The Court of Appeals affirmed, holding the intermediate appellate court correctly concluded that the circuit court's denial of the motion to quash was not immediately appealable because the issue (1) was inextricably intertwined with the merits of the action, and (2) will be reviewable on appeal from a final judgment.
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