Appointment of Judge Following Recusal of Presiding Circuit Judge


Lawler Manufacturing Co., Inc. v. Lawler, [Ms. 1180889, Mar. 27, 2020] __ So. 3d __ (Ala. 2020). The Court (Bolin, J.; Parker, C.J., and Wise, Sellers, and Stewart, JJ., concur) vacates orders entered by a district judge appointed by Presiding Circuit Judge Woodruff following Judge Woodruff’s recusal.

The Court held “[i]n accordance with Ex parte Jim Walter Homes, [776 So. 2d 76 (Ala. 2000)] when Presiding Judge Woodruff disqualified himself from this case, he no longer had authority to appoint his successor or to enter the order appointing [District] Judge Fannin. Therefore, Presiding Judge Woodruff’s appointment of Judge Fannin was not a valid judicial appointment, and that order is vacated. Additionally, because Judge Fannin never had jurisdiction over this case, any orders entered by Judge Fannin are void.” Ms. *6 (internal citations omitted).

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