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WHITLEY v. SCHWALL

No. S05A0765.

620 S.E.2d 827 (2005)

279 Ga. 726

WHITLEY et al. v. SCHWALL.

Supreme Court of Georgia.

October 11, 2005.

Attorney(s) appearing for the Case

James W. Howard, Huff, Powell & Bailey, R. Page Powell, Jr., Hall, Booth, Smith & Slover, Timothy H. Bendin, Downey & Cleveland, Russell B. Davis, for appellants.

Cary Ichter, Christopher Scott Anulewicz, James Lynn Hollis, Balch & Bingham, LLC, Atlanta, for Appellee.

HINES, Justice.

Leon and Mary Whitley appeal from the superior court's order determining that a writ of mandamus is not available to them. Finding that the court below was correct in so ruling, we affirm.1

The Whitleys are the plaintiffs in a medical malpractice action filed in Fulton County State Court against a hospital and several physicians. During a hearing, the Whitleys orally moved for Judge Craig L. Schwall, Sr. to recuse...

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