Acromag-Viking v. Blalock, ACROMAG-VIKING
| Decision Date | 01 October 1982 |
| Docket Number | INC,ACROMAG-VIKIN,ACROMAG-VIKING |
| Citation | 420 So.2d 60 |
| Parties | v. Andrew D. BLALOCK.v. Andrew D. BLALOCK. 80-758, 81-313. |
| Court | Alabama Supreme Court |
Charles C. Partin of Stone, Partin, Granade & Crosby, Bay Minette, for appellant.
Bayless E. Biles of Wilkins, Bankester & Biles, Bay Minette, for appellee.
The central issue of this case is whether a trial judge who was on the board of directors of a publishing concern which employed one of the named defendants should have recused himself from the case. This court finds it unnecessary to discuss any of the other issues raised by appeal and reverses the decision of the trial court.
Acromag-Viking, Inc. (Acromag) filed a two-count complaint against Marketing of the Gulf, Inc. (Marketing) and Andrew Blalock. The first count claimed $29,844.64 on itemized verified account from Marketing. The second count claimed $29,844.64 from Andrew Blalock, president of Marketing, on the theory that Marketing was the alter ego of Blalock and that there was no distinction between the acts of Blalock and Marketing.
The defendants filed a motion to dismiss the complaint. An answer was filed the day before the trial admitting that Marketing owed Acromag an undetermined amount of money on open account and denying that Blalock owed Acromag any amount of money. Blalock set up as affirmative defenses estoppel and the allegation that Marketing was a de facto corporation.
Prior to the commencement of the trial on December 9, 1980, the trial judge informed the parties that he had on several occasions had social contact with Robert McCorkindale, vice-president and secretary of Marketing. Moreover, he stated that one time he had purchased material from Viking Clock Company, of which Robert McCorkindale was president, but that he had no knowledge of the case nor any prejudice against any party. During recess, counsel for the plaintiff informally indicated to the trial judge that the plaintiff "would feel more comfortable" with another judge. The trial judge denied this informal request after determining the other judges in the circuit were involved with trials. A non-jury trial was held and judgment entered on April 30, 1981.
On July 15, 1981, plaintiff filed an A.R.C.P. 60(b)(6) motion. The basis of the motion was that the trial judge was on the board of directors of a corporation which employed Andrew Blalock, the information had not been made available to the plaintiff at the time of trial, and, had it been, a motion to recuse would have been made. The trial judge denied the motion without a hearing on November 25, 1981. On December 29, 1981, plaintiff filed a motion to reconsider the A.R.C.P. 60(b)(6) motion and re-alleged the judge's membership on the board of directors which had employed Andrew Blalock. A copy of the masthead of Marine magazine, published by the corporation, showing the trial judge as a member of the board and Andrew Blalock as an employee, was attached to the motion. The record does not show any ruling by the trial court on the motion to reconsider. This appeal followed.
Canon 3 C(1) of the Alabama Canons of Judicial Ethics provides in pertinent part:
The Alabama Court of Civil Appeals has held that recusal is...
To continue reading
Request your trial
-
State v. Smith (In re Smith)
...George, 962 So.2d 789, 791 (Ala. 2006) (quoting In re Sheffield, 465 So.2d 350, 355–56 (Ala. 1984), quoting in turn Acromag–Viking v. Blalock, 420 So.2d 60, 61 (Ala. 1982) ). "[A]ctual bias is not necessary for a judge to recuse -- only a reasonable appearance of bias or impropriety." Crowe......
-
Woodward v. State
...it reasonable for members of the public or a party, or counsel opposed to question the impartiality of the judge." Acromag-Viking v. Blalock, 420 So. 2d 60, 61 (Ala. 1982). Specifically, the Canon 3(C) test is: "Would a person of ordinary prudence in the judge's position knowing all of the ......
-
Cottrell v. Nat. Collegiate Athletic Ass'n
...counsel opposed to question the impartiality of the judge."' In re Sheffield 465 So.2d 350, 355-56 (Ala.1984)(quoting Acromag-Viking v. Blalock, 420 So.2d 60, 61 (Ala.1982))." 962 So.2d at The documents properly before this Court establish that Judge Wilson temporarily recused himself from ......
-
Carruth v. State
...it reasonable for members of the public or a party, or counsel opposed to question the impartiality of the judge.' Acromag-Viking v. Blalock, 420 So.2d 60, 61 (Ala.1982). Specifically, the Canon 3(C) test is: `Would a person of ordinary prudence in the judge's position knowing all of the fa......