Camille Webb Steward v. Orson Eric Steward

Summary

The Tennessee Court of Appeals dismissed Orson Eric Steward’s accelerated interlocutory appeal from the denial of his motion to recuse the trial judge. The court held that the recusal motion failed to comply with Tennessee Supreme Court Rule 10B § 1.01 because it lacked a supporting affidavit or declaration and did not affirmatively state that it was not presented for an improper purpose.

Holdings

1. In a Rule 10B recusal appeal, the Court of Appeals may review only the trial court's order denying the motion to recuse and may not review the correctness or merits of the trial court's other rulings.
2. A party seeking recusal must strictly comply with Tennessee Supreme Court Rule 10B § 1.01 by filing a written motion supported by an affidavit under oath or declaration under penalty of perjury based on personal knowledge, stating with specificity all factual and legal grounds for disqualification, and affirmatively stating that the motion is not presented for an improper purpose.
3. A pro se litigant is entitled to fair and equal treatment but must comply with the same substantive and procedural rules applicable to represented parties.

Questions Presented

1. Whether the trial court erred in denying Steward's motion for recusal.
2. Whether Steward's failure to support the recusal motion with an affidavit or declaration and to include the required statement regarding improper purpose required dismissal of the Rule 10B appeal.
3. What issues may be reviewed in an accelerated interlocutory appeal under Tennessee Supreme Court Rule 10B.

Disposition

dismissed