State Ex Rel. Cohen v. Riley

WILLIAM RAY PRICE, Jr., Judge,

dissenting.

I dissent from the principal opinion because it allows the exercise of a Rule 51.05 automatic disqualification of a trial court judge after the judge has ruled on a substantive matter in the case. In failing to recognize that a party waives the right to *552disqualification by submitting a matter to a judge for the exercise of his or her judicial discretion, the principal opinion not only departs from previous Missouri law and the established law in almost all other jurisdictions, but it also will allow no end of wasteful procedural nonsense that will…