Waterscape, [represented by Andersen, Tate & Carr attorneys R. Matthew Reeves and Robert D. Thomas], [recently asked the] Forsyth County Superior Court Judge David Dickinson to disqualify [attorney George] Butler from representing the [opposing party], on the basis that Butler had been a lawyer for Waterscape.
Waterscape sought dismissal of the appeals, saying that the disqualification order was not a final order, meaning that Butler and his clients had to obtain a certificate of immediate review or follow the application procedures for an interlocutory appeal. Butler’s clients argued that there was a conflict in Georgia case law on whether a disqualification order is directly appealable.
[In reviewing the brief filed by Mr. Reeves and Mr. Thomas], the Nov. 13 opinion by Court of Appeals Judge Lisa Branch, joined by Chief Judge Herbert Phipps and Judge John Ellington…sided with Waterscape, ruling that Butler and his clients could not appeal the disqualification order at this point in the litigation.
The cases are Settendown Public Utility v. Waterscape Utility, No. A13A0830, and Butler v. Waterscape Utility, No. A13A0831.
- photos and summary courtesy of the Daily Report (Nov. 19, 2013).