Narrative Opinion Summary
Connie White's appeal of an amended final judgment following remand in *White v. White* is granted, leading to the vacation of the judgment. The court found that the judgment was improperly entered while a motion to disqualify the judge was pending. As a result, the case will be reassigned to a different trial judge, necessitating a re-trial of all issues except for the dissolution of marriage, which has been affirmed based on the earlier appeal. The new trial court is permitted to consider awarding attorney’s fees, taking into account any evidence of the former wife's misconduct that may have prolonged the litigation unnecessarily. The original judgment is vacated, and the case is remanded for further proceedings. All judges concurred in the decision.
Legal Issues Addressed
Awarding of Attorney's Feessubscribe to see similar legal issues
Application: The new trial court is allowed to consider awarding attorney’s fees, factoring in any evidence of misconduct by the former wife that may have extended the litigation unnecessarily.
Reasoning: The new trial court is permitted to consider awarding attorney’s fees, taking into account any evidence of the former wife's misconduct that may have prolonged the litigation unnecessarily.
Judicial Disqualification and Pending Motionssubscribe to see similar legal issues
Application: The court determined that entering a judgment while a motion to disqualify the judge is pending is improper, warranting a vacation of the judgment.
Reasoning: The court found that the judgment was improperly entered while a motion to disqualify the judge was pending.
Reassignment of Judgessubscribe to see similar legal issues
Application: Due to the improper handling of the pending motion, the case is reassigned to a different trial judge for a new trial.
Reasoning: As a result, the case will be reassigned to a different trial judge, necessitating a re-trial of all issues except for the dissolution of marriage, which has been affirmed based on the earlier appeal.
Scope of Retrialsubscribe to see similar legal issues
Application: The new trial will address all issues except the dissolution of marriage, which remains affirmed from the prior appeal.
Reasoning: Necessitating a re-trial of all issues except for the dissolution of marriage, which has been affirmed based on the earlier appeal.