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W. Michael Evans Et Al.v.Billy David Williams Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A0163
DecidedApril 13, 2017
Reporter335 Ga. App. 491
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureAppellate ProcedureDue ProcessReversalRemand
Case Summary

In a trust-modification case, W. Michael Evans appealed an order denying his motion to recuse the trial judge and orders granting summary judgment to the opposing parties. The Georgia Court of Appeals held that the judge assigned to decide recusal had to include written findings of fact and conclusions of law under the Georgia Superior Court Rules. The order merely stated that no adequate grounds for recusal existed and did not explain the factual or legal basis for that conclusion. Because the recusal process temporarily suspended the original judge’s authority to act on the merits, the later summary-judgment orders could not stand without a valid recusal ruling. The court vacated the recusal order and remanded with direction. It did not reach the merits of the summary-judgment challenges.

Opinion

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W. Michael Evans Et Al. V. Billy David Williams Et Al. — The Atlanta Gleaner