Topp v. BIG ROCK FOUNDATION, INC.

HUNTER, Robert C., Judge,

concurring in part, and dissenting, in part.

I concur with the majority that the trial court did not err in granting Defendants’ motion to change venue. I must, however, respectfully dissent from the majority’s opinion for two reasons. First, I would reverse the trial court’s order denying Plaintiffs’ motion to recuse as I conclude Judge Nobles should have referred the motion to another judge for an independent hearing. Second, apart from the recusal motion, I conclude the trial court erred in granting summary judgment in favor of Defendants.

*74I. Motion to Recuse

Plaintiff…