Rogers v. Wilkins

This appeal is from an order denying appellant Chilton M. Wilkins’ motion that the trial judge disqualify himself from further participation in these proceedings. We affirm.

The denial of a motion that the presiding judge disqualify is, in the absence of statutory provision to the contrary, generally treated as an interlocutory decision not directly appealable. See 4 Am. Jur. (2d) Appeal and Error, § 88, 46 Am. Jur. (2d) Judges, § 222. This Court has never met the issue of the- appealability of such an order.

There is no statutory remedy provided by our Code of Laws for the direct appeal of…