Agio Corp. v. Coosawattee River Resort Ass'n Inc.

The trial court abused its discretion in denying the defendants' and non-parties' motions for protective orders and authorizing the copying of an entire shared network server and work station hard drive.

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These companion appeals were filed after the grant of the appellants’ applications for interlocutory review of the trial court’s denial of a protective order. In Case No. A14A0479, Agio Corp., DRST Holdings, Ltd., International Christian Alliance, Inc., Merit Financial Group, LLC, Sunbelt Restructure Group, Inc., and Jerry Sewell collectively, “Agio” appeal the denial of their motion for a protective order seeking to prevent an inspection by Coosawattee River Resort Association, Inc., of a shared network computer server. In Case No. A14A0480, C. Terry Blanton and CTB Law Firm, LLC. collectively, “the Blanton Law Firm”, non-parties to the litigation, also appeal the same order denying the motion for the protective order.1 We have consolidated the appeals for review, and for the reasons that follow, we reverse the trial court’s order permitting the copying of the entire network server.

“Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. . . .” OCGA § 9-11-26 b 1. OCGA § 9-11-26 c authorizes the trial court in which an action is pending, “upon motion by a party or by the person from whom discovery is sought and for good cause shown, . . . to make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.” The grant or denial of a motion for protective order generally lies within the sound discretion of the trial court, Bridges v. 20th Century Travel, 149 Ga. App. 837, 839 256 SE2d 102 1979, and the exercise of that discretion is reviewed on appeal only for an abuse of that discretion. Fulton County Bd. of Assessors v. Saks Fifth Avenue, 248 Ga. App. 836, 842 547 SE2d 620 2001.

Agio Corp. v. Coosawattee River Resort Ass'n Inc.

The trial court abused its discretion in denying the defendants' and non-parties' motions for protective orders and authorizing the copying of an entire shared network server and work station hard drive.

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