Propst v. Morgan
288 Ga. 862
| Ga. | 2011Background
- Morgan estate sought to set aside a real estate deed; Morgan filed a motion to recuse the trial judge based on alleged personal bias against one of Morgan's attorneys.
- The trial judge denied the recusal motion as untimely and the accompanying affidavit as legally insufficient; Morgan did not pursue an interlocutory appeal.
- After a jury verdict for Propst, Morgan filed a notice of appeal, but the trial judge later dismissed the appeal under OCGA § 5-6-48(c) for delay in transmitting the record due to unpaid costs.
- The Court of Appeals vacated the trial court’s dismissal and remanded, holding the recusal motion timely and requiring the matter to be decided by another judge.
- The Georgia Supreme Court held that, in rare cases, the merits of a recusal motion may be reviewed before an OCGA § 5-6-48(c) dismissal ruling, and that dismissal by a judge who should have recused is invalid, so recusal merits must be considered first.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether recusal merits must be addressed before dismissal under 5-6-48(c). | Morgan argues merits should precede dismissal. | Propst argues dismissal should be decided first. | Merits may be considered before dismissal in rare cases. |
| Whether the recusal motion was timely and proper for referral. | Morgan contends timely, warranting referral to another judge. | Propst contends delay or insufficiency barred recusal. | Recusal merits were appropriate for consideration; the issue should not be bypassed. |
| Whether dismissal under OCGA 5-6-48(c) can stand when the judge who dismissed should have recused. | If recusal was required, dismissal is invalid. | Dismissal stands if delay and costs issues are satisfied. | Dismissal by a non-recused judge is invalid; recusal merits must be reviewed. |
Key Cases Cited
- Chandler v. Davis, 269 Ga. 727 (1998) (interlocutory appeal option for pre-trial rulings on recusal)
- Gillis v. City of Waycross, 247 Ga.App. 119 (2000) (invalid to validate proceedings after improper recusal denial)
- Gray v. Barlow, 241 Ga. 347 (1978) (recusal statutes uphold judicial integrity)
- Durden v. Griffin, 270 Ga. 293 (1998) (when dismissal affirmed, merits not reviewed unless recusal issue)
- Kelly v. Dawson County, 282 Ga. 189 (2007) (abuse of discretion standard for 5-6-48(c) dismissal)
- Birt v. State, 256 Ga. 483 (1986) (integrity of judiciary and disqualification guidance)