Kappelmeier v. Winegarden

Thompson, Justice.

Gottfried A. Kappelmeier brought this mandamus action against Judge Richard T. Winegarden, seeking an order directing the judge to vacate the judgment he entered against Kappelmeier in another case. Judge Winegarden moved to dismiss the petition and Judge Debra K. Turner granted the motion. Three weeks later, Kappelmeier filed an “emergency motion” to recuse Judge Turner. The motion was denied and Kappelmeier appealed. We find no error and affirm.

1. An extraordinary writ, such as a writ of mandamus, does not lie to compel a judge to vacate an order or judgment where there is…