Assigned Date: June 19, 2017
Appeal from the Circuit Court for Williamson County No.
2015200 Michael Binkley, Judge
sought disqualification of the trial court judge pursuant to
Tennessee Supreme court Rule 10B based primarily on an order
entered by the trial court in March 2016. Because Appellants
waited approximately one year to seek disqualification of the
trial court judge, they have waived their rights under Rule
Sup. Ct. R. 10B Interlocutory Appeal as of Right; Judgment of
the Circuit Court Affirmed and Remanded
D. Cummings and Brian Manookian, Nashville, Tennessee, for
the appellants, Chris Stewart, Emily Stewart, Jason Ritzen,
Susan Martin, Lino Lovrenovic, and Clayton McKenzie.
I. Malone, Jr., Charles Ingram Malone and Gibeault Cooper
Creson, Nashville, Tennessee, for the appellees, Dean Chase,
Sandra Chase, and D. F. Chase, Inc.
M. Crider and Heath H. Edwards, Nashville, Tennessee, for the
Non-Parties, CK Global, LLC and NV Music Row, LLC.
F. Parsley and Michael J. Dumitru, Chattanooga, Tennessee,
for the Appellee, Andy Cho.
Douglas Kay, Jr. and John B. Enkema, and Michael A. Johnson,
Nashville, Tennessee, for the Appellee, Glenn Richard Funk.
L. Robertson and Brittany Michelle Speight Bartkowiak,
Franklin, Tennessee, for the appellee, David Chase.
R. McAdoo, Nashville, Tennessee, for the Intervenor, Meredith
Brandon O. Gibson, J., delivered the opinion of the court, in
which Richard H. Dinkins, and Thomas R Frierson, II, JJ.,
BRANDON O. GIBSON, JUDGE
Tennessee Supreme Court Rule 10B recusal appeal is ancillary
to litigation involving multiple parties and claims, the
majority of which are not relevant to the matter currently
before the court. David Chase filed a Complaint in Williamson
County Circuit Court on May 7, 2015, naming nine individuals
as defendants, six of whom are the Appellants in this
accelerated interlocutory appeal. As a result of the filing
of the Complaint, deposition testimony and documents were
requested from the parents of Plaintiff David Chase
("Mr. Chase"). Mr. Chase's parents, Dean and
Sandra Chase, are referred to repeatedly in the trial
court's documentation and the parties' briefing as
the "Non-Parties." Before documents were produced
or depositions were conducted, the Non-Parties and the
parties entered into an Agreed Limited Protective Order on or
about August 28, 2015. According to the trial court, this Agreed
Limited Protective Order "restricted the disclosure of
confidential documents and testimony to certain defined
individuals, specifying that all documents or deposition
testimony designated as confidential by the Non-Parties could
only be used to prosecute, defend, or attempt to settle the