Nicole Marie Beach v. Mark Phillip Beach

Summary

The Tennessee Court of Appeals dismissed Mark Phillip Beach’s accelerated interlocutory appeal seeking recusal of the trial judge under Tennessee Supreme Court Rule 10B. The court held that Beach had not filed a written motion to recuse, had not provided the required supporting materials, and could not appeal because the trial court had not entered an order denying recusal. The appeal was dismissed and costs were assessed to the appellant.

Holdings

1. A Rule 10B appeal requires a written motion to recuse filed in the trial court and a trial-court order ruling on that motion. Because Mark Phillip Beach filed no written motion and the trial court entered no order denying recusal, there was no order for the Court of Appeals to review, and the appeal had to be dismissed.
2. Failure to file the written motion and required affidavit or declaration under Rule 10B may independently waive or require dismissal of the recusal appeal.

Questions Presented

1. Whether the Court of Appeals could review the trial court's dismissal order under Tennessee Supreme Court Rule 10B when no written motion to recuse was filed and no order denying recusal was entered.
2. Whether the appellant's oral requests for a continuance or oral recusal relief constituted an appealable motion to recuse under Rule 10B.

Disposition

dismissed