THOMAS HAMMONS v. JOE BANKS DRYWALL ACOUSTICS INC HERBERT TREY BANKS III AND ABC INSURANCE COMPANY (2023)

Writ application denied.

The trial court has already indicated it believes the motion to disqualify to be without merit. Denying applicant the opportunity to present evidence simply extends the litigation. Better to lance the boil and move on.

The majority's denial of this writ places the proverbial “cart before the horse.” After this Court remanded this case to the trial court to conduct a contradictory hearing prior to ruling on plaintiff's motion to disqualify defense counsel, plaintiff filed a motion to compel discovery. The trial court ruled that plaintiff's motion to traverse and compel “shall be fixed and held on a date and time after the said motion to disqualify counsel[.]” In doing so, I find the trial court erred in limiting plaintiff's right to discover information and/or evidence favorable to his motion to disqualify defense counsel prior to the hearing on his motion to disqualify defense counsel; thus, the cart has been placed before the horse. It is judicially inefficient and perplexing to have the hearing first, and discovery later.

I would grant this writ, reverse the lower courts, and order discovery before the hearing.

Hughes, J., would grant and assigns reasons. Genovese, J., would grant and assigns reasons. Griffin, J., would grant.