James William Rose v. Patrick M. Malone

Syllabus

In this grandparent visitation action, the grandparents filed a contempt petition, alleging that the child's father had violated provisions of a previously entered visitation order. At the conclusion of the hearing, the trial court rendered an oral ruling and found the father in contempt. Before the trial court's entry of a written order regarding contempt, however, the father filed a motion seeking the trial court judge's recusal. The trial court entered orders adjudicating the contempt charges and the father's bond before entering a written order adjudicating the recusal issue. The trial court then entered orders awarding attorney's fees to the grandparents. The father has appealed. Upon review, we determine that the trial court erred by entering further orders before entering an order adjudicating the recusal motion. We therefore vacate the trial court's August 2023 bond orders and the August 2023 order regarding the second contempt petition, which were entered while the motion to recuse was pending. We reverse the trial court's orders awarding attorney's fees to the grandparents. We remand this matter to the trial court for further proceedings consistent with this Opinion.