Pawlowski v. Pawlowski

LEHMAN, Justice.

In a divorce action filed in a multi-judge district, the parties learned of the assigned judge only when the case was set for trial. Four days later, appellant filed a motion for peremptory disqualification, which was denied by the assigned judge as untimely.

We reverse.

ISSUE

While appellant sets forth numerous alleged errors during the course of this divorce action and trial, there is but one determinative issue:

Did the court commit error in denying the Motion for Peremptory Disqualification of judge under W.R.C.P. 40.1(b)(1)?

FACTS

Appellant filed a divorce complaint in…