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Price v. Reish

The trial court erred in failing to comply with the procedural framework for addressing recusal motions set forth in Uniform Superior Court Rule 25.3, instead looking beyond the motion to find that the attorney had intentionally hired into a conflict situation and was engaged in a pattern of judge shopping.

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Following the grant of her application for interlocutory appeal, Tiffany Price appeals the trial court’s order vacating her attorney’s entry of appearance and denying her motion for recusal. Price contends that the trial court erred by failing to comply with the procedural framework for addressing recusal motions set forth in Uniform Superior Court Rule USCR 25.3. We are constrained to agree with Price at this stage of the proceedings and therefore must vacate the trial court’s order and remand for the proper application of USCR 25.3 in accordance with this opinion.

This case arises out of an ongoing conflict between Lisa Young Smith West, an attorney who routinely practices before the Superior Court of Fulton County, and one of the judges on that court, the Honorable Bensonetta Tipton Lane. The pertinent facts are as follows.

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