2008AP2555 Montalvo v. Judge, et al.

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Civil Procedure
Disqualification of counsel

This is an interlocutory appeal of a trial court order granting a motion filed by defendants William M. Judge and U.S. Title & Closing Services, LLC (collectively, "the Defendants"), to disqualify plaintiff Gustavo Montalvo's counsel, William R. Steinmetz, from this action. Montalvo argues we should reverse the order on three bases: (1) the doctrines of waiver and/or laches bar the Defendants from disqualifying plaintiff's counsel; (2) SCR 20:1.9 (effective July 1, 2007) does not bar Steinmetz from representing the plaintiff; and (3) the trial court erred in disqualifying Steinmetz without holding an evidentiary hearing on disputed facts. We reverse and remand for reinstatement of Steinmetz as Montalvo's counsel because we conclude that waiver and laches bar the Defendants' motion to disqualify Steinmetz, which was not filed for over five months after the case began. Because we decide this case based on application of the doctrines of waiver and laches, we do not consider Montalvo's other arguments. See State v. Blalock, 150 Wis. 2d 688, 703, 442 N.W.2d 514 (Ct. App. 1989) (cases should be decided on the "narrowest possible ground"). Not recommended for publication in the official reports.

2008AP2555 Montalvo v. Judge, et al.

Dist I, Milwaukee County, Moroney, J., Kessler, J.

Attorney: For Appellant: Steinmetz, William R., Milwaukee; For Respondent: Yeager, Karl J., Minneapolis, MN

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