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

I agree with the majority that there was a waiver because of what occurred after counsel responded that the relationship was not a problem. It was not until then that the trial court denied the motion to amend the complaint to add several new counts on the eve of trial. Allowing this amendment would have required a postponement of the trial, and the motion to recuse may have been motivated more by the hope of gaining a delay than concern about the judge’s impartiality. I am writing separately to explain why the court did not err in denying the motion on the merits.

The motion for…