Helena Country Club, Appellant v. Billy Ray Brocato D/b/a Splash Pool and Spa, Appellee

Summary

The court did not reach the merits of the challenge to counsel's disqualification because the record lacked a transcript of the contested telephone hearing on the motion to exclude evidence. It remanded the matter to settle the record and directed the parties to submit a supplemental record and substituted briefs. Justice Hart, dissenting, would have reversed the disqualification because the appellee did not seek it and the circuit court did not apply the required attorney-witness test.