Lowder v. All Star Mills, Inc.

BRASWELL, Judge.

A ruling on a motion to recuse a trial judge is an interlocutory order and is not immediately appealable. See Industries, Inc. v. Insurance Co., 296 N.C. 486, 251 S.E. 2d 443 (1979). However, since an accusation about a judge’s partiality goes to the fundamental issue of maintaining confidence in our court system, we have elected to treat the case as though a petition for certiorari had been allowed and to proceed to the merits, as should the parties henceforth with the case.

We hold that Judge Mills’ order correctly concluded, based upon the factual supporting evidence in the…