Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

White v. SunTrust Bank

Trial judge should have disqualified herself from hearing the parties' dispute because she owned an interest in defendant's corporation.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Kenneth E. White, III, appeals the probate court’s order denying his motions for recusal based on the probate judge’s ownership of stock in one of the parties. He also appeals the probate court’s grant of motions to dismiss by SunTrust Bank, the executor of his grandmother’s estate. We conclude that the probate judge erred in finding that White’s motion to recuse was untimely, and further erred in concluding that her stock ownership in SunTrust would not disqualify her even if White’s motion were timely. We therefore reverse the order denying the motion to recuse, vacate the final judgment, and remand this case for further proceedings.

1. We find no merit in SunTrust’s argument that we should not consider White’s appeal of the probate court’s order denying his motion for disqualification because it was not timely. In support, SunTrust cites Jabaley v. Jabaley, 208 Ga. App. 179 430 SE2d 119 1993. However, the opinion in Jabaley addresses the timeliness of a de novo appeal from probate court to superior court. The case before us, on the other hand, involves an appeal from an August 9, 1999, opinion and order that is final because the case is no longer pending in the court below. OCGA § 5-6-34 a 1; see Herring v. Herring, 143 Ga. App. 286 1 238 SE2d 240 1977. Further, no issue is presented that the order was final under OCGA § 9-11-54 b. Therefore, White’s September 8, 1999, appeal encompasses not only the final order, but the probate court’s previous orders denying White’s motion to recuse. OCGA § 5-6-34 d; Pierce v. Wendy’s International, Inc., 233 Ga. App. 227, 228 1 504 SE2d 14 1998.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Deputy Chief Attorney

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements