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

Summary

The Supreme Court of Arkansas declined to reach the merits of the Helena Country Club’s challenge to its attorney’s disqualification because the record did not include a transcript of the contested telephone hearing. Because the missing hearing prevented review of whether the circuit court abused its discretion, the court remanded to settle the record and prescribed supplemental-record and briefing deadlines. Justice Hart, joined by Justices Wood and Womack, dissented, arguing that the record showed a clear abuse of discretion and that the disqualification should have been reversed without remand.