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Chase v. Stewart

Court of Appeals of Tennessee, Nashville

August 29, 2017

DAVID CHASE
v.
CHRIS STEWART, ET AL.

          Assigned Date: June 19, 2017

         Direct Appeal from the Circuit Court for Williamson County No. 2015200 Michael Binkley, Judge

         Appellants 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 10B.

         Tenn. Sup. Ct. R. 10B Interlocutory Appeal as of Right; Judgment of the Circuit Court Affirmed and Remanded

          Brian D. Cummings and Brian Manookian, Nashville, Tennessee, for the appellants, Chris Stewart, Emily Stewart, Jason Ritzen, Susan Martin, Lino Lovrenovic, and Clayton McKenzie.

          Gayle I. Malone, Jr., Charles Ingram Malone and Gibeault Cooper Creson, Nashville, Tennessee, for the appellees, Dean Chase, Sandra Chase, and D. F. Chase, Inc.

          Marcus M. Crider and Heath H. Edwards, Nashville, Tennessee, for the Non-Parties, CK Global, LLC and NV Music Row, LLC.

          Robert F. Parsley and Michael J. Dumitru, Chattanooga, Tennessee, for the Appellee, Andy Cho.

          James Douglas Kay, Jr. and John B. Enkema, and Michael A. Johnson, Nashville, Tennessee, for the Appellee, Glenn Richard Funk.

          Philip L. Robertson and Brittany Michelle Speight Bartkowiak, Franklin, Tennessee, for the appellee, David Chase.

          Paul R. McAdoo, Nashville, Tennessee, for the Intervenor, Meredith Corporation.

          Brandon O. Gibson, J., delivered the opinion of the court, in which Richard H. Dinkins, and Thomas R Frierson, II, JJ., joined.

          OPINION

          BRANDON O. GIBSON, JUDGE

         This 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[1] 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.[2] 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 ...


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