Judy Morrow Wright, et al. v. Matthew G. Buyer, et al.

Case Number
W2018-01094-COA-T10B-CV

This is an accelerated interlocutory appeal as of right from the denial of a motion for recusal. In their petition for recusal appeal, Petitioners admit that they did not promptly file the recusal motion after the facts forming the basis for the motion became known. As such, Petitioners waived their right to challenge the probate judge’s impartiality. The record is also insufficient to support a finding of error on the part of the probate judge because the motion for recusal was unaccompanied by an affidavit as required by the rules. Thus, we affirm the probate court’s denial of the recusal motion.

Authoring Judge
Judge W. Neal McBrayer
Originating Judge
Judge Kathleen N. Gomes
Case Name
Judy Morrow Wright, et al. v. Matthew G. Buyer, et al.
Date Filed
Dissent or Concur
No
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