In Re: Villas at Highland Park Homeowners Association, Inc., a Colorado Nonprofit Corporation, Pl — Gabriel, J…

Summary

The dissent would uphold the district court's denial of the motion to disqualify counsel, concluding that the court addressed the merits and properly found no substantial relationship between the current and prior representations. It would therefore avoid deciding whether issue preclusion applied and discharge the rule to show cause. The dissent also rejects a broad prediction that issue preclusion will rarely apply to attorney-disqualification motions, preferring case-by-case determinations by trial courts.