JESSICA WALTERS v. STEPHEN L. MURRAY

── JESSICA WALTERS v. STEPHEN L. MURRAY ── Court: Court of Appeals of Georgia Date: May 13, 2026 Category: General FIRST DIVISION BARNES, P. J., MARKLE and HODGES, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.gov/rules May 13, 2026 In the Court of Appeals of Georgia A26A0774. FALCON MARKETING, LLC v. MURRAY et al. A26A0775. WALTERS v. MURRAY et al. BARNES, Presiding Judge. These companion appeals arise out of a discovery dispute between the defendants and certain non-parties in a personal injury action. As part of that dispute, the trial court entered an order granting in part and denying in part non-party Falcon Marketing, LLC’s (“Falcon”) motion to quash a subpoena for the deposition of its company representative and the production of documents, denying the motion to quash a subpoena for the deposition of non-party Jessica Walters (Falcon’s National Sales Director), and granting Falcon a protective order but with restrictions to its scope requested by the defendants. In Case No. A26A0774, Falcon challenges the trial court’s denial in part of its motion to quash, and in Case No. A26A0775, Walters challenges the court’s denial of her motion to quash.1 Both appellants also challenge certain terms of the protective order. For the reasons discussed below, we affirm in part, vacate in part, and remand for further proceedings consistent with this opinion in Case No. A26A0774. We affirm in Case No. A26A0775. The record reflects that Sebrina Michael sued Stephen Murray, New Leaf Landscape Services, Inc., and John and Jane Doe defendants for damages arising from an automobile accident.2 As part of her damages, Michael sought to recover the full value of her past and future medical expenses, including expenses for treatment provided by Ortho Sport & Spine Physicians, LLC (“Ortho Sport”). Ortho Sport is an orthopedic medical practice with locations in several states. See Medernix v. Snowden, 372 Ga. App. 48, 48 (903 SE2d 728) (2024). 1 Falcon and Walters were entitled to directly appeal the trial court’s order. See WellStar Kennestone Hosp. v. Roman, 344 Ga. App. 375, 377 n.6 (810 SE2d 600) (2018) (“[An] order denying a disinterested non-party’s motion to quash or modify a subpoena is directly appealable under the collateral order doctrine.”). 2 In reciting the factual and procedural history of these companion appeals, we have taken into account the appellate records from both cases. See Sentinel Offender Svcs. v. Glover, 296 Ga. 315, 321 n.13 (766 SE2d 456) (2014) (reviewing courts may take judicial notice of the records in companion appeals). 2  During the ensuing litigation, the defendants served Falcon, a marketing agency that performed marketing services for Ortho Sport, with a subpoena and notice to take the deposition of a company representative under OCGA § 9-11-30(b)(6) (“Rule 30(b)(6)”) accompanied with a list of deposition topics and requests for the production of documents. The defendants sought information about referrals to Ortho Sport by Michael’s attorneys and other law firms, the efforts of Ortho Sport to market and solicit referrals from law firms, and the corporate structure of Falcon and its business relationship with Ortho Sport and its subsidiaries. Additionally, the defendants served Walters, Falcon’s National Sales Director, with a subpoena and notice to take her deposition.3 3 The defendants also served Ortho Sport and its claims manager, Medernix, LLC, with requests for production of documents and database materials. After a dispute arose over those discovery requests, the trial court entered an order granting the defendants’ motion to