Helena Country Club v. Brocato

The majority’s decision to remand this case to settle the record is troubling. There is no record to settle. Appellee did not file a written motion to disqualify Attorney Halbert. Likewise, it is not disputed that appellee did not even make an oral motion to disqualify Attorney Halbert. In fact, in his brief, appellee confirms this fact and even goes so far as to distance himself from the circuit court’s ruling. He states:

Appellee takes no position on the disqualification of Appellant’s attorney. Ap-pellee never asked for the trial court to disqualify Appellant’s counsel. Furthermore,…