Murphy v. Murphy
322 Ga. App. 829
| Ga. Ct. App. | 2013Background
- Murphy appeals an interlocutory order denying her motion to recuse the trial court judge in a custody modification case.
- Case originated from Murphy and John Murphy's 2006 divorce; in 2012 John sought modification of custody.
- Case was assigned to Judge A. Quillian Baldwin, Jr.; Murphy moved to disqualify him; motion denied.
- Murphy filed a notice of appeal from the denial of recusal; issue is jurisdiction to appeal.
- OCGA 5-6-34(a)(11) previously allowed direct appeals from custody orders; 2013 amendment broadened direct-appeal scope to include modifying custody.
- Court held the challenged order does not award/refuse to change or modify custody, so not directly appealable; collateral-order doctrine also not applicable; appeal dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the recusal denial directly appealable under OCGA 5-6-34(a)(11)? | Murphy: the order falls within direct-appeal custody provisions. | Baldwin: the 2013 amendment limits direct-appeal scope; rule does not apply to recusal denial. | No direct-appeal jurisdiction. |
| Does collateral-order doctrine allow an interlocutory appeal of a recusal-denial order? | Murphy: collateral-order exception applies. | Braddy misapplied the doctrine; recusal denial is not a collateral order. | Collateral-order doctrine does not apply; appeal dismissed |
Key Cases Cited
- Collins v. Davis, 318 Ga. App. 265 (2012) (interpreted former direct-appeal statute for custody orders)
- Hammonds v. Parks, 319 Ga. App. 792 (2012) (duty to inquire into appellate jurisdiction)
- Stevens v. State, 292 Ga. 218 (2012) (dismissal of direct-appeal due to procedural limits)
- White v. Lumpkin, 272 Ga. 398 (2000) (pretrial ruling recusal may be appealed after final judgment or via interlocutory path)
- Chandler v. Davis, 269 Ga. 727 (1998) (options for appealing pretrial recusal rulings)
- Braddy v. State, 316 Ga. App. 292 (2012) (collateral order doctrine misapplied to recusal denial)
- Scroggins v. Edmondson, 250 Ga. 430 (1982) (Cohen test for collateral order doctrine)
- Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368 (1981) (stringency of the 'effectively unreviewable' prong)
- Johnson v. State, 278 Ga. 344 (2004) (recusal issues reviewable after final judgment)
- Gillis v. City of Waycross, 247 Ga. App. 119 (2000) (post-final-judgment recusal-review remanded to different judge)