In re Marriage of Cummings

Petitioner appealed trial court judgment denying his motion to vacate the dissolution of marriage and judgment and the parties’ agreement to allocate parental responsibilities. Petitioner argued the trial court should have granted his motion where the judge who entered the orders had earlier recused herself and, as a result, any orders subsequently entered by her were void. The appellate court affirmed, finding that while the judge stated that she “should” recuse herself from the case, upon reconsideration she did not recuse herself from the case and the trial court did not abuse its discretion in denying petitioner’s motion to vacate. (PIERCE and ODEN JOHNSON, concurring)