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

Summary

Justice Hart dissented from the majority's decision to remand for settlement of the record, reasoning that the record was sufficient because the appellee never sought disqualification and no evidence was taken. She would have decided the interlocutory appeal on the existing record and concluded that the circuit court clearly abused its discretion by disqualifying counsel sua sponte without applying the governing attorney-witness test. Justices Wood and Womack joined the dissent.