STUART ELSEROAD v. KAITLIN COOK - Articles

All Content


Posted by: Landry Butler on Jan 26, 2018

Court: TN Court of Appeals

Attorneys 1:

Darren V. Berg, Knoxville, Tennessee, for the appellant, Stuart Elseroad.

Attorneys 2:

Forrest L. Wallace, Knoxville, Tennessee, for the appellee, Kaitlin D. Cook.

Judge(s): CLEMENT

This is an accelerated interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, from the trial court’s denial of a motion for recusal. Petitioner contends the trial judge should have recused himself because Petitioner “was directly involved in a decision-making process that ultimately resulted in an effect on the [judge’s] finances.” Petitioner also contends recusal is required because “the Judge based his ruling almost exclusively on his own statements that he was unaware of the Petitioner’s involvement in his loan application process,” which statements made him “a material witness.” Having reviewed the petition for recusal appeal, pursuant to the de novo standard as required under Rule 10B, § 2.01, we affirm the trial court’s decision to deny the motion for recusal.

Attachments: