Butler v. Biven Software, Inc.

I concur in the holding that the judgment cannot stand, but I do not agree with all that is written.

1. First, the order denying defendant’s motion to recuse the trial judge was entered on March 3, 1995, after the defendant had filed a notice of the filing of his bankruptcy petition on March 2, and before the automatic stay was lifted on April 20. Thus the court did not have authority to enter the order when it did. 11 USC § 362 (a); Breeze v. Columbus Bank &c. Co., 214 Ga. App. 534 (448 SE2d 276) (1994). No reversible error occurred on this point, however, because there is no indication, and…