Smith v. Smith

Introduction

John J. Smith (“Smith”) appeals from the denial of his Rule 74.06(b)(4)1 motion seeking relief from a 2007 judgment entered by Judge Thomas J. Frawley (“Judge Frawley’) dissolving Smith’s marriage to Lora J. Smith (“Lora”).2 After both parties moved to modify the original judgment, Judge Frawley was disqualified in 2009 from presiding over the motion-to-modify proceedings. On appeal, Smith argues that Judge Frawley’s disqualification in the motion-to-modify proceedings conclusively established that Judge Frawley demonstrated actual bias against Smith at the time he entered the…