DAVID CHASE v. CHRIS STEWART ET AL. - Articles

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Posted by: Karen Belcher on Feb 4, 2021

Court: TN Court of Appeals

Attorneys 1: Brian P. Manookian, Nashville, Tennessee, pro se appellant.

Attorneys 2: Mark Andrew Hammervold, Elmhurst, Illinois, pro se appellant.

Attorneys 3: Brian P. Manookian, Nashville, Tennessee, for the appellant, Cummings Manookian PLC.

Attorneys 4: Mark Andrew Hammervold, Elmhurst, Illinois, for the appellant, Hammervold Law, PLC.

Attorneys 5: Gayle I. Malone, Jr., Charles I. Malone, and Beau C. Creson, Nashville, Tennessee, for the appellees, Dean Chase, Sandra Chase, and D.F. Chase, Inc. Marcus M. Crider and Heath H. Edwards, Nashville, Tennessee, for the appellees, CK Global, LLC and NV Music Row, LLC.

Judge(s): MCBRAYER

A trial court held two attorneys in contempt, assessing damages and sanctions against them. Shortly before another hearing in which the court was to consider a supplemental award of attorney’s fees, the judge of the trial court made comments in an unrelated case about one of the attorneys held in contempt. That attorney moved to recuse based, in part, on the judge’s comments. The trial court denied the motion to recuse and later entered a supplemental order of damages against the attorneys. Because the judge’s comments provide a reasonable basis for questioning his impartiality, we reverse the denial of the motion to recuse. And because retroactive recusal is appropriate, we also vacate the contempt and damages orders.

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