Mawule Tepe v. Connor McCarthy Blair

Summary

The Tennessee Court of Appeals reviewed an interlocutory appeal under Tennessee Supreme Court Rule 10B challenging the denial of motions to recuse the trial judge. The court affirmed the denial of recusal in all other respects but vacated a pre-filing screening order and pre-filing injunction entered while the recusal motion was pending without a contemporaneous good-cause finding. The case was remanded, and the court declined to award appellate attorney’s fees.

Holdings

1. The mere filing of a complaint against a judge does not require recusal. Tepe failed to present evidence that would cause a reasonable, disinterested person to question the trial judge's impartiality.
2. Tepe did not establish a basis for recusal based on the trial judge's refusal to provide requested documents or on alleged discrimination based on race or pro se status.
3. Adverse, numerous, or allegedly erroneous rulings do not, without more, establish bias or require recusal, and Rule 10B does not require a trial judge to rule on a recusal motion within thirty days.
4. While a recusal motion is pending, the trial judge may not take further action in the case except for good cause stated in the order authorizing that action. Because the November 19, 2025 orders did not state good cause, those orders had to be vacated.
5. Appellate attorney's fees were denied because, although most of the appeal lacked merit, Tepe prevailed on the issue concerning the timing of the pre-filing orders and was not entirely unsuccessful.

Questions Presented

1. Whether the trial judge erred by denying Tepe's motions for recusal.
2. Whether the trial court violated Tennessee Supreme Court Rule 10B, section 1.02, by entering a pre-filing screening order and pre-filing injunction while a recusal motion was pending without stating good cause in the orders.
3. Whether the appeal was frivolous so as to warrant an award of appellate attorney's fees under Tennessee Code Annotated section 27-1-122.

Disposition

reversed_and_remanded