MADSEN v. PRUDENTIAL FED. SAV. & LOAN

No. 860148.

767 P.2d 538 (1988)

Richard MADSEN and Nancy Madsen, his wife, for themselves and all others similarly situated, Plaintiffs and Appellants, v. PRUDENTIAL FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendant and Appellee.

Supreme Court of Utah.

December 30, 1988.


Attorney(s) appearing for the Case

Robert J. DeBry, Salt Lake City, for plaintiffs and appellants.

Joseph J. Palmer, Reid E. Lewis, Salt Lake City, for defendant and appellee.


STEWART, Justice:

Plaintiffs Richard and Nancy Madsen appeal a district court order entered by Judge Philip Fishler which disqualified Judge Kenneth Rigtrup after he had presided over a trial in this case and had orally announced his ruling but before he had entered formal findings of fact, conclusions of law, and final judgment. Judge Fishler ruled that Judge Rigtrup had no actual bias, but did have an appearance of bias and voided the trial and all prior orders...

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