Piette v. Bradley & Leseberg

Piette v. Bradley & Leseberg
1996 OK 124
930 P.2d 183
67 OBJ 3566
Case Number: 88282
Decided: 11/13/1996
Mandate Issued: 03/21/1997
Supreme Court of Oklahoma

Monica PIETTE, Petitioner,
v.
BRADLEY & LESEBERG, a professional partnership, L. Joe Bradley, D.D.S., Inc., Dennis A. Leseberg, D.D.S., Inc., L. Joe Bradley, D.D.S., and Dennis A. Leseberg, D.D.S., Respondents.

ORDER

[930 P.2d 184]

¶1 This appeal from a trial judge's order disqualifying a law firm based on conflict of interest was correctly brought under the provisions of 12 O.S. 1991 &sec; 953 , Hammonds v. Osteopathic Hospital Founders Association, 917 P.2d 6 (Okl. 1996).

¶2 The trial judge's disqualification order is summarily reversed and the cause remanded for an evidentiary hearing. If, after holding a hearing, the trial judge should determine that plaintiff's attorneys should be disqualified, its order of disqualification must include a specific factual finding that attorney Wagner had knowledge of material and confidential information. Parker v. Volkswagenwerk, 245 Kan. 580, 781 P.2d 1099 (1989), Lansing-Delaware Water District v. Oak Lane Park, Inc., 248 Kan. 563, 808 P.2d 1369 (1991).

¶3 ALMA WILSON, C.J., KAUGER, V.C.J., and HODGES, HARGRAVE, OPALA, and SUMMERS, JJ., concur.

¶4 LAVENDER, J., dissents.

¶5 VOTE FOR PUBLICATION:

¶6 ALMA WILSON, C.J., KAUGER, V.C.J., and HODGES, OPALA, SUMMERS, JJ., concur;

¶7 LAVENDER and HARGRAVE, JJ., dissent.