An appellate court cannot review a trial judge’s decision on recusal until after all the claims and the parties are disposed of, the state Superior Court ruled in a complicated class action involving the destruction of a Montgomery County business complex by a fire and a flood.
The panel of President Judge Correale F. Stevens and Judges Cheryl Lynn Allen and Judith Ference Olson said in an unpublished decision last week that the appeal of four class members of Montgomery County Court of Common Pleas Judge Steven T. O’Neill’s decision to not recuse himself from the case must be quashed until after O’Neill or another judge rules on two outstanding motions: whether incentive payments should be paid to the most active members of the class, and on the compensation paid to Gary S. Silow, now a Montgomery County Court of Common Pleas judge, when he was the claims administrator.
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