Mischler v. Pike County Family Court (Thompson)
Annotate this CaseAppellant and her former husband filed competing domestic violence petitions against each other. Emergency protective orders were entered against each. Shortly after entry of the orders, Judge Larry Thompson recused from both cases. Judge Julie Paxton subsequently dismissed both of the domestic violence orders. Later, Appellant petitioned the court of appeals for a writ of mandamus against David Deskins, the circuit court clerk who entered the dismissal of the orders into the record, former Trial Commissioner Fred Hatfield, and Judge Thompson, contending that Judge Thompson was never removed from the case, and therefore, the orders entered by Judge Paxton were void ab initio. The court of appeals denied the petition. The Supreme Court affirmed, holding (1) Appellant was not entitled to a writ of mandamus to compel Deskins to remove the order from the court record; and (2) the petition for writ of mandamus against Judge Thompson and Commissioner Hatfield was properly denied.
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