DIALYSIS CLINIC, INC. v. KEVIN MEDLEY, ET AL. - Articles

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Posted by: Landry Butler on Mar 27, 2017

Court: TN Court of Appeals

Attorneys 1:

L. Vincent Williams, Nashville, Tennessee, for the appellants, Kevin Medley, Kevin Medley, LLC, Canvas Lounge LLC, and 3 Entertainment Group, LLC.

Attorneys 2:

Peter C. Sales and Frankie N. Spero, Nashville, Tennessee, for the appellee, Dialysis Clinic, Inc.

Samuel Lanier Felker, Nashville, Tennessee, for the appellee, OutCentral, Inc.

Judge(s): STAFFORD

Appellants appeal the trial court’s denial of their motion to recuse on the ground that the trial court conducted an impermissible ex parte communication with counsel for the opposing party. The dispute in this case stems from Appellants’ pursuit of several documents that the opposing party claimed were privileged. In the course of hearing proof on the claimed privilege, the trial court announced its intention to conduct an ex parte hearing concerning the documents with only the opposing party present. Appellants did not object to the hearing. After the hearing was conducted, however, Appellants moved to recuse the trial judge on the basis that he had engaged in prohibited ex parte communications. The trial court promptly denied the recusal motion. Discerning no error, we affirm.