Whitley v. Schwall

HINES, Justice.

Leon and Mary Whitley appeal from the superior court’s order determining that a writ of mandamus is not available to them. Finding that the court below was correct in so ruling, we affirm.

The Whitleys are the plaintiffs in a medical malpractice action filed in Fulton County State Court against a hospital and several physicians. During a hearing, the Whitleys orally moved for Judge Craig L. Schwall, Sr. to recuse himself from presiding over the case; Judge Schwall denied the motion. The Whitleys then filed a written motion “for recusal and disqualification” of Judge Schwall.…