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Dodson v. Dean

The trial court properly denied the parties' untimely recusal motion which they filed more than five days after learning of the grounds for the motion and less than 10 days before the final hearing in the case.

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This appeal originated from a divorce action between Thomas A. Dean and Diane Dodson filed in the Superior Court of Cherokee County. Before the final divorce hearing, the parties moved to recuse the trial judge on the basis that Dodson’s attorney had a lawsuit pending against the judge. The judge denied the motion, ruling that it was untimely and that the affidavit was insufficient. We granted Dodson’s Application for Interlocutory Appeal, and for reasons that follow, we affirm.

The record shows that, on May 31, 2001, the trial court entered a rule nisi scheduling the final divorce hearing for July 16, 2001. On July 11, 2001, the parties filed a “Joint Motion for Disqualification and Recusal” of the trial judge, the Honorable Frank C. Mills, III, and all the other judges of the Superior Court of Cherokee County. Attached to the motion is an unnotarized pleading that purports to be an “affidavit” and brief supporting the motion.

 
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