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White v. Lumpkin

The caveator of will could not seek a writ of mandamus to transfer his pending recusal motion or disqualify the probate court judge because he could appeal any adverse decision.

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In previous proceedings in the probate court, Kenneth White III moved for recusal of Judge Julia Lumpkin. After denying this motion, Judge Lumpkin dismissed White’s caveat and related petitions attacking the probate of the will of Elizabeth Dedman Heard Bosch, deceased, with prejudice, and dismissed his declaratory judgment action without prejudice. An appeal from these prior orders of dismissal is currently pending in the Court of Appeals. White refiled the declaratory judgment action in the probate court and again moved to disqualify Judge Lumpkin. He subsequently filed a petition for mandamus in superior court, seeking either the disqualification of Judge Lumpkin from hearing the renewed declaratory judgment action or, in the alternative, a transfer of the recusal motion pending therein. The superior court granted Judge Lumpkin’s motion to dismiss the mandamus proceeding, because White has the legal remedy of appealing any adverse decision on his motion to recuse. In the same order, the superior court also denied White’s motion for summary judgment and granted Judge Lumpkin’s motion for summary judgment and White appeals.

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