Nelson v. Fitzgerald

RABINO WITZ, Justice.

The principal issue to be resolved in this appeal is whether the trial judge erred in dismissing appellant’s causes of action. Appellant contends that since the trial judge had previously disqualified himself from hearing any matter in which John M. Savage, or his firm, was acting as attorney, the trial judge improperly dismissed appellant’s causes of action. 1 We agree with appellant’s contention and hold that under the unusual facts of this case the trial judge erred.

On January 15, 1964, appellant filed a three count complaint seeking to recover approximately $15,000.00…