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Kitts v. U.S. Health Corp. of S. Ohio9/29/1994
onflict of interest but does not seek to have the trial court to consider the conflict at a time when the conflict may be resolved and the matter can proceed to trial, the party does not lose the right to assert the conflict, but the court ought to consider the delay in evaluating), the validity and bona fides of the claim.
We have reviewed the record and find no specific information imparted from any of the moving parties on which to grant a disqualification. The appellees did not meet the three-prong test of Dana Corp. and there is nothing in the record, save the allegation, upon which to base a disqualification. There is no showing of harm to the appellees. The timing of the motion for disqualification militates against its validity. The trial court erred in granting the motion to disqualify.
Kitts's assignment of error is well taken and is sustained. The judgment of the trial court is reversed and this case is remanded for further proceedings.
Judgment reversed and cause remanded.
STEPHENSON, J., concurs.
PETER B. ABELE, J., concurs in judgment only. |