IN RE CONSERVATORSHIP OF SUSAN DAVIS MALONE - Articles

All Content

IN RE CONSERVATORSHIP OF SUSAN DAVIS MALONE

Posted by: Karen Belcher on Mar 6, 2024

Court: TN Court of Appeals

Attorneys 1: Edward T. Autry, Memphis, Tennessee, for the appellants, Hannah Elizabeth Bleavins and Edward Thomas Autry.

Attorneys 2: David Wade, Christopher M. Myatt, and Bryant T. Carlton, Memphis, Tennessee, for the appellees, Lisa Malone Jackson and Paul Neil Royal.

Judge(s): FRIERSON

This is the second interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, filed by the appellants seeking to recuse the trial judge in the underlying conservatorship action. After this Court entered its opinion and judgment in the first interlocutory appeal, the trial judge entered several orders before the mandate was entered with the trial court. In this second interlocutory appeal, appellants request, inter alia, that we declare those orders void for lack of subject matter jurisdiction. After careful review, we determine that the stay of trial court proceedings imposed by this Court in the first interlocutory appeal remained in place until the mandate was entered. Taking into consideration the limits of our review in a Rule 10B appeal, we vacate the trial court’s orders entered between the time the appellants filed their second motion to recuse and the trial court’s ruling on the recusal motion. We also vacate the trial court’s order denying the second motion to recuse. Because the trial court’s order denying the second motion to recuse is vacated, all remaining matters in this second interlocutory appeal are pretermitted as moot.

Attachments: