Pilkington v. Pilkington

Arnold D. Pilkington (“Petitioner”), individually and as former trustee of the Pilk-ington Revocable Trust, seeks review bf the trial court’s denial of Petitioner’s motion to disqualify the then-presiding judge, Judge C. McFerrin Smith, III. In denying Petitioner’s motion, Judge Smith ruled that the motion was untimely and legally insufficient; however, he also included a factual comment in the order that Petition:er argues could be construed as impermis-sibly passing upon the truth of facts alleged in the motion. In ruling on a motion to disqualify, the judge shall not make any effort to…