King v. Pattison
2013 Ohio 4665
Ohio Ct. App.2013Background
- King leased a Zanesville building to operate a salvage/recycling business in 2006.
- Pattison and Pattico allegedly terminated the lease in January 2007 and demanded King vacate.
- In February 2007, Pattison and Pattico allegedly seized and disposed of King’s property from the premises.
- King filed suit in 2008; case dismissed and refiled in 2010; motions for summary judgment denied.
- On November 26, 2012, Pattison and Pattico moved to disqualify King’s trial counsel under Prof.Cond.R. 3.7; the motion was granted on February 8, 2013, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether disqualification was proper under Prof.Cond.R. 3.7. | King argues court abused its discretion. | Pattison/Pattico contend Fries is a likely necessary witness. | Abuse of discretion; disqualification vacated and remanded. |
Key Cases Cited
- Kale v. Aluminum Smelting & Refining Co., Inc., 81 Ohio St.3d 1 (1998) (finality and standard for disqualification appeal)
- 155 North High Ltd. v. Cincinnati Ins. Co., 72 Ohio St.3d 423 (1995) (abuse-of-discretion standard for disqualification)
- Brown v. Spectrum Networks, Inc., 180 Ohio App.3d 99 (2008) (procedure for determining attorney as witness under Rule 3.7)
- Shawnee Assocs., L.P. v. Shawnee Hills, 2008-Ohio-461 (5th Dist. Del.) (evidentiary hearing not always required for disqualification)
- Waliszewski v. Caravona Builders, Inc., 127 Ohio App.3d 429 (1998) (disqualification is drastic and should be used only when necessary)
- Puritas Metal Prods. Inc. v. Cole, 2008-Ohio-4653 (9th Dist.) (cited regarding attorney as witness)
- Mentor Lagoons, Inc. v. Rubin, 31 Ohio St.3d 256 (1987) (predecessor procedural framework for disqualification)