Cousins Restaurant Associates, L.P. v. TGI Friday's Inc.

We deny the petition seeking disqualification, but not because of any categorical rule requiring prohibition when the trial judge makes a disclosure and solicits a response from the affected party, as argued by petitioner. We find that the issue has been waived.

The transcript shows that at the beginning of the hearing on plaintiffs motion to amend its already twice amended complaint, the judge made a disclosure about a friendly relationship with the father of the opposing party’s lawyer and asked whether it caused plaintiff a problem. Plaintiffs counsel responded that it was not a problem if…