BRADLEY THOMAS MITCHELL v. J& B AUTO GROUP
CourtCourt of Appeals of Tennessee
Date FiledJuly 22, 2026
DocketE2026-00981-COA-T10B-CV
JudgeJudge Thomas R. Frierson
StatusPublished
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Full Opinion
07/22/2026
IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
Assigned on Briefs July 1, 2026
BRADLEY THOMAS MITCHELL v. J & B AUTO GROUP ET AL.
Appeal from the Chancery Court for Sullivan County
No. 25-CB-29028(S) Steven Curtis Rose, Judge
___________________________________
No. E2026-00981-COA-T10B-CV
___________________________________
This is an accelerated interlocutory appeal filed by the pro se petitioner relative to the
underlying action involving sale of an automobile. Because the petitioner has not
demonstrated a factual basis warranting recusal of the trial court judge, we affirm the
judgment of the trial court denying the motion to recuse.
Tenn. Sup. Ct. R. 10B Interlocutory Appeal as of Right;
Judgment of the Chancery Court
Affirmed; Case Remanded
THOMAS R. FRIERSON, II, J., delivered the opinion of the court, in which ANDY D.
BENNETT, J., and J. STEVEN STAFFORD, P.J., W.S., joined.
Bradley Thomas Mitchell, Lebanon, Virginia, Pro Se.1
OPINION
I. Factual and Procedural Background
On November 10, 2025, petitioner Bradley Thomas Mitchell (âPetitionerâ) initiated
this case in the Sullivan County Chancery Court (âtrial courtâ) by filing a complaint against
various defendants (âDefendantsâ) in relation to a purported auto sales transaction between
Petitioner and the defendant company, J & B Auto Group, LLC (âJ & Bâ). Spanning the
ensuing months, Petitioner filed several motions, pleadings, notices to hearing, âlodged
orders,â affidavits, and other documents in the trial court. Defendants filed numerous
motions in response.
1
The appellees did not file briefs or otherwise participate in this appeal.
The trial court conducted hearings on January 23, 2026, and April 22, 2026, to
address certain procedural matters and to consider some of the pending motions, including
motions to amend the complaint that had been filed by Petitioner. Following the hearing
on April 22, 2026, the trial court ordered Petitioner to file a second amended complaint
(âSecond Amended Complaintâ) no later than May 1, 2026, which Petitioner
accomplished. The trial court set all remaining pending motions to be heard on July 8,
2026.2
In the Second Amended Complaint, Petitioner alleged twenty-one claims against
Defendants, including violations of the Uniform Commercial Code (âUCCâ), such as
âinvalid or void security interest,â âfailure of attachment,â âwrongful claim of secured-
party rights,â âfailure to provide statement of account,â ânoncompliant article 9
enforcement,â âdefective disposition,â and âfailure to prove commercial reasonablenessâ;
breach of contract; breach of âgood faithâ; âunjust enrichmentâ; âdisgorgementâ; âfalse
representations of existing material fact in connection with the August 2025 saleâ; ânon-
executionâ and forgery of lien and auto-title documents; âfraud in the inducementâ;
âfraudulent misrepresentationâ; âfraudulent concealmentâ and âmaterial omissionâ;
âidentity theftâ and âunauthorized use of [Petitionerâs] signatureâ; âunfair or deceptive
actsâ in violation of the Tennessee Consumer Protection Act (âTCPAâ); violations of the
âFederal Odometer Actâ; âdisclosure violationsâ of the TCPA; âmileage
misrepresentationâ; âmoney had and receivedâ; civil conspiracy; negligent
misrepresentation; failure to deliver and pay âdealer bond claimâ; and bad faith.
On June 12, 2026, the trial court conducted a third hearing to address certain motions
and procedural matters. Immediately following the June 12, 2026 hearing, Petitioner filed
a âCombined Motion to Correct the Procedural Record Pursuant to Rule 60, or in the
Alternative, Motion for Recusal Pursuant to Supreme Court Rule 10B.â Therein, Petitioner
requested that the trial court âequalize and correct the recordâ and afforded the court a
âfive-day windowâ to make the requested adjustments. Petitioner averred that he had
timely filed the Second Amended Complaint upon the courtâs directive to do so but that
the court had shown prejudice against Petitioner by subsequently referring to âprior,
extinguished pleadingsâ to âchastiseâ Petitioner âin front of the entire court.â Petitioner
further claimed that the trial court had âentirely ignoredâ an affidavit presented by
Petitioner demonstrating that, contrary to the evidence presented by Defendants, Petitioner
had not signed a âVSA-17A title applicationâ in conjunction with the purported purchase
of the subject automobile. Petitioner further maintained that the trial court had colluded
with defense counsel to âinvent a retroactive coverâ to avoid default on behalf of two of
the defendants who had failed to include certificates of service on certain motions they had
filed.
2
After Petitioner appealed the order denying recusal to this Court, Petitioner filed a motion to stay all
proceedings in the trial court, which this Court denied by order entered on July 8, 2026.
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Under a section of the motion to recuse entitled, âThe Chancellorâs Breach of
Ministerial Duty and Systemic Due Process Violations,â Petitioner initiated several
complaints against the trial court judge.3 Petitioner alleged that the trial court possessed
âlittle to no knowledgeâ of the specific matters and operative pleadings of the case and had
failed to âread the filingsâ or âreview the file,â demonstrating a pattern of âprocedural
neglectâ that amounted to a violation of Petitionerâs right to due process. In support of this
claim, Petitioner averred that the trial court had âcompletely sidesteppedâ information
provided by Petitioner demonstrating that opposing counsel had been suspended by the
Tennessee Board of Professional Responsibility. Petitioner additionally claimed that the
court had ignored proof that J & B had improperly filed a combined motion for extension
of time and for sanctions.
In a section of the motion to recuse entitled, âAlternative Motion for Immediate
Recusal Under Tenn. S. Ct. R. 10B,â Petitioner proffered the following demand:
Plaintiff respectfully requests that the Court correct and clarify the
record within five (5) days, or strictly prior to the entry of any order arising
from the June 12, 2026 hearing, to accurately reflect the May 1, 2026 Second
Amended Complaint as the sole operative pleading, the proper status of all
added parties, and the strictly responsive nature of Plaintiffâs filings.
If the record is not corrected, or if an order is entered arising from the
June 12, 2026 hearing based upon an unread or incorrect operative posture,
Plaintiff hereby preserves all rights to seek extraordinary review, formal
judicial-conduct review, statutory sanctions, or any other relief available by
law.
ALTERNATIVE MOTION FOR RECUSAL: If the Chancellor
maintains that his failure to review the record across multiple hearings, his
tolerance of hidden administrative hurdles, his failure to enforce the separate-
motion mandate and safe-harbor protections of Rule 11, his side-stepping of
the [Board of Professional Responsibilityâs] express reservation and
litigation directives regarding defense counselâs systemic misconduct, his
alleged and astutely recognized conversational collusion to invent a
retroactive cover for the defendantsâ failure to execute proper service
certificates on lawfully added additional defendants, and his failure to
address documented fabrications, conflicting regulatory statements, verified
law enforcement victim status designations, class-implications, and blatant
fraud upon the court at the June 12, 2026 hearing were proper or by
3
Petitioner refers to the trial court judge as âChancellorâ throughout the motion to recuse and this appeal.
However, Judge Steven Curtis Rose is a circuit court judge. It appears that Judge Rose presided over this
action by interchange although the record contains no order to that effect.
-3-
disallowing Plaintiff[âs] filed Show Cause or Temporary Injunctive Motions
to be heard while simultaneously entertaining an Improperly formed rule 11
motion to be heard by [Defense counsel], who on page 7 of his motion
identified himself as Attorney for Plaintiff, his impartiality is completely
compromised. Pursuant to Tennessee Supreme Court Rule 10B, Plaintiff
demands that the Chancellor immediately recuse himself from all further
proceedings in this matter and submit himself to the appropriate authorities
for discipline.
(Paragraph numbering omitted.)
On June 18, 2026, the trial court entered an order denying Petitionerâs motion to
recuse.4 The order included a procedural history of the case in which the court addressed
what the court perceived to be Petitionerâs frustration with the proceedings due to
Petitionerâs âfundamental misunderstanding of procedure rules, local rules of court and
baseline mistrust in the judicial system.â The trial court stressed that the court, and not
Petitioner, maintained control over the court docket and proceedings.
Addressing Petitionerâs issues raised relative to the hearing that had been set for
June 12, 2026, the trial court acknowledged that Petitioner had properly filed several
motions to be heard that day. However, the court explained that according to the trial
courtâs local rules, Petitionerâs motions could not be heard on June 12, 2026, because that
date had previously been designated as a âmotion dayâ in the trial court, during which only
motions that would take less than thirty minutes could be heard. The trial court further
explained:
What is not explicitly stated in [the Local Rules], but implied both by
the inherent power of the Court to control the docket and the discretion of
the trial judge, is an understanding and knowledge of the parties and the
issues before the Court. The Court is well familiar with this case, the parties
involved and the manner in which the motions are argued. The Court knew
that the matters noticed were not appropriate for a Motion Day which is why
they were all summarily continued to the July 8, 2026 date.
The trial court next addressed each enumerated paragraph of the recusal motion in
detail. The court determined that the first five paragraphs of the recusal motion did not
comply with Rule 10B because they failed âto set forth with specificity the factual and
legal groundsâ supporting disqualification. See Tenn. R. Sup. Ct. 10B, § 1.01. Regarding
4
The trial court included in the June 18, 2026 order a âpreliminary statement,â explaining that Petitionerâs
motion was âprocedurally oddâ because Petitioner had attempted to combine a Rule 60 motion with a
motion for recusal. After reviewing the motion and granting âliberal reading and deferenceâ to Petitioner
as a pro se litigant, the trial court construed the motion as a motion for recusal and not a motion pursuant
to Rule 60.
-4-
Petitionerâs claim that the trial court had âchastisedâ Petitioner âin open court,â the court
surmised that Petitioner was referring to a âconversation that occurred in the June 12, 2026
hearingâ related to Petitionerâs Second Amended Complaint. In his âMotion for Leave to
Amendâ the complaint, Petitioner had sought to add additional defendants to the lawsuit.
In the order denying recusal, the court stated that it âdid not chastiseâ Petitioner, but âdid
point out that [the court] did not recallâ whether Petitioner had sought leave to add
defendants to the Second Amended Complaint. According to the trial court, the court had
asked an âofficer of the courtâ whether Petitioner had indeed filed a motion to add the
defendants. The court explained that it had conducted that conversation in open court, not
to chastise Petitioner, but rather to avoid an improper âex parte conversationâ between the
court and defense counsel in chambers outside of Petitionerâs presence. Additionally, the
court noted that there had been âno ruling and no action takenâ respecting the potential
addition of three defendants to the action.
The trial court next addressed Petitionerâs accusationâarticulated in paragraphs
three and eleven of the motion to recuseâthat the court had shown bias against Petitioner
by not addressing defense counselâs suspension by the Tennessee Board of Professional
Responsibility. The court responded that although the attorney had indeed been suspended,
he had never appeared before the court in violation of any suspension order. The court also
noted that the attorneyâs suspension had gone into effect on February 21, 2026, and had
been lifted three days later, on February 24, 2026.
Concerning paragraph six of Petitionerâs motion to recuse, wherein Petitioner had
stated that Petitionerâs motions did not need to be argued in court but could instead be
considered on the written filings, the trial court noted that oral argument on the motions
was required by the courtâs local rules. The court further determined that paragraph six
was not in compliance with the specificity requirements of Rule 10B, § 1.01. Regarding
the assertions in paragraphs seven, eight, and tenâthat the trial court judge lacked
knowledge of the âtrue postureâ of the case, had not reviewed the court file, and was not
prepared for the hearingsâthe trial court declared that these statements were false and that
Petitionerâs allegations to this effect amounted to a âprofound and baseless attack on the
credibility and integrity of the Court.â Addressing Petitionerâs contention that the court
had intentionally refused to place certain of Petitionerâs motions on the court docket, the
court determined that this accusation was vague and lacked specificity and therefore did
not comport with Rule 10B. The court recognized that when scheduling court dockets,
occasional âmistakes are madeâ but emphasized that any such mistakes or omissions âin
no way establish[] a bias or gross miscarriage of justiceâ or a violation of due process.
As to paragraph nine, the trial court addressed Petitionerâs claim that the court had
engaged in a âsecret procedureâ by requiring Petitioner to âccâ the judgeâs assistantâs email
address âon all matters.â The court clarified that no such requirement existed but explained
that the practice of including the judgeâs assistant on emailed notices âhelps to ensure that
matters are setâ and to âensure matters donât fall through the cracks.â As to paragraph ten,
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the court assured Petitioner that although the court would not hear certain types of motions
on certain days per the trial courtâs local rules, Petitioner had ânot been blockedâ from
having access to the court but had merely been âconstrained by the types of motions and
mattersâ the court would consider on âmotion days.â
The trial court continued by noting that in paragraphs twelve, thirteen, fourteen, and
fifteen of the recusal motion, Petitioner had raised issues that had not yet been considered
and ruled upon by the trial court. The trial court reminded Petitioner that the procedure
used by the trial court when considering motions and conducting the court docket was
âwithin the sound discretionâ of the court. The trial court also determined that none of the
allegations in paragraphs twelve through fifteen complied with the requirements of Rule
10B, § 1.01.
The trial court next addressed paragraphs sixteen, seventeen, and eighteen of the
recusal motion, wherein Petitioner averred that the court had âfailed to read the filingsâ of
the case; had acted in a âblind and non-responsive mannerâ; had exhibited a âsystemic
failure to read or recognizeâ filings proffered in the case by Petitioner; and had failed to
âacknowledge, read, or comprehend the motions, pleadings, and binding agreementsâ filed
in the case, resulting in violation of Petitionerâs right to due process. The court rejected
these accusations, explaining that Petitioner would have an opportunity to be heard during
the July 8, 2026 hearing and that the trial court was not required to acknowledge or respond
to âevery single documentâ that Petitioner âthrusts upon the doorstep of the court.â The
trial court clarified that the court was responsible for providing âequal and unbiased
treatment of the litigants before itâ and that such would be provided during the upcoming
hearing.
Paragraph nineteen of the recusal motion did not include a specific allegation but
recited Petitionerâs general frustrations with the case, which the trial court addressed by
acknowledging Petitionerâs frustration and his general lack of understanding of the judicial
process. In addressing paragraphs twenty through twenty-three of the recusal motion, the
trial court noted that Petitioner had repeated the same arguments that had been presented
in previous paragraphs and that the accusations contained within them were not specific
but related instead to Petitionerâs âgeneral discontent of the judicial process.â
After addressing each paragraph of the recusal motion, the trial court rendered the
following conclusion:
In Boren v. Boren, P.C., 557 S.W.3d. 542 (Tenn. Ct. App. 2017), the
Court stated the terms âbiasâ and âprejudiceâ generally refer to a state of
mind o[r] attitude that works to predispose a judge for or against a party. To
meet disqualification, the bias or prejudice must come from a personal
character directed at the litigant or develop knowledge or bias from
extrajudicial knowledge outside the case. [Petitioner] has not asserted any
-6-
facts in his Motion to articulate a bias toward him or a prejudice the Court
has of a personal nature.
[Petitioner] asserts that lack of action by the Court amount[s] to bias
and impartiality. The Court disagrees. In Duke v. Duke, 398 S.W.3d. 665
[](Tenn. Ct. App. 2012), the father in the divorce case sought recusal by the
Judge. In that case, the judge had ruled against the father on several motions.
The Court held that adverse rulings were not grounds for recusal. Here,
[Petitioner] makes a similar argument in asserting that his perceived inaction
by the Court in addressing his numerous issues raised in his filings is
tantamount to siding with adversary counsel. Nothing could be further from
the truth. This matter was only filed in November of 2025. The case is not
even a year old yet and is already four volumes thick with over five hundred
(500) pages in large part due to the filings and attached exhibits of
[Petitioner]. The failure of the Court to act on those within [Petitionerâs]
perceived or expected timeline does not amount to bias or prejudice.
Under the objective test, as established in Tennessee, a judge must
recuse himself under the rule of judicial conduct in any proceeding in which
the judgeâs impartiality might reasonably be questioned, if [a] person of
ordinary prudence in [the] judgeâs position, knowing all facts known to the
judge, would find reasonable basis for questioning the judgeâs impartiality.
See Adams v. Dunavant, 674 S.W.3d 871 (Tenn. 2023). Here, there is
nothing in the motion that cites to actions demonstrating impartiality. The
Court has made every attempt to treat [Petitioner] with fairness, balancing
that fairness to the fairness to adversary litigants. While certain
accommodation will be afforded to [Petitioner] for drafting and content, the
Court will not relax any substantive or procedural obligation. See Young v.
Barrow, 130 S.W.3d 59 (Tenn. Ct. App. 2003).
[Petitioner] is dissatisfied with the expediency with which the Court
is addressing his grievances. This does not establish bias or impartiality. The
fact that the Court engaged an officer of the Court in matters of housekeeping
for a voluminous record does not establish bias and the fact that the Court
warned [Petitioner] that he could face procedural challenges from the
Defendants hardly amounts to an admonishment or chastising. To the
contrary, [Petitioner] was alerted to potential challenges that may or may not
become material. With respect to the issues of inaction with [defense
counsel] and his issues with the Board of Professional Responsibility, the
Court will address those matters [a]s appropriate and material. If [Petitioner]
wants to pursue a referral in front of Board of Professional Responsibility,
he is free to do so. Tennessee Supreme Court Rule 10B, [§] 1.01 requires
the movant to state with specificity the factual and legal reasons justifying
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recusal. [Petitioner] has not set forth sufficient grounds that justify the
recusal and his motion is hereby DENIED.
Petitioner timely filed this interlocutory appeal.
II. Standard of Review
We recognize that Petitioner is a pro se litigant and respect his decision to proceed
self-represented. Regarding self-represented litigants, this Court has explained:
Pro se litigants who invoke the complex and sometimes technical
procedures of the courts assume a very heavy burden. Conducting a trial
with a pro se litigant who is unschooled in the intricacies of evidence and
trial practice can be difficult. Nonetheless, trial courts are expected to
appreciate and be understanding of the difficulties encountered by a party
who is embarking into the maze of the judicial process with no experience or
formal training.
Irvin v. City of Clarksville, 767 S.W.2d 649, 652 (Tenn. Ct. App. 1988) (internal citations
omitted). Parties proceeding without benefit of counsel are âentitled to fair and equal
treatment by the courts,â but we âmust not excuse pro se litigants from complying with the
same substantive and procedural rules that represented parties are expected to observe.â
Hessmer v. Hessmer, 138 S.W.3d 901, 903 (Tenn. Ct. App. 2003). This Court must âbe
mindful of the boundary between fairness to a pro se litigant and unfairness to the pro se
litigantâs adversary.â Id. Furthermore, â[p]ro se litigants are not . . . entitled to shift the
burden of litigating their case to the courts.â See Chiozza v. Chiozza, 315 S.W.3d 482, 487
(Tenn. Ct. App. 2009) (quoting Whitaker v. Whirlpool Corp., 32 S.W.3d 222, 227 (Tenn.
Ct. App. 2000)).
With respect to recusal motions filed pursuant to Tennessee Supreme Court Rule
10B, our Supreme Court has instructed:
âTennessee litigants are entitled to have cases resolved by fair and
impartial judges.â Cook v. State, 606 S.W.3d 247, 253 (Tenn. 2020) (citing
Davis [v. Liberty Mut. Ins. Co.], 38 S.W.3d [560,] 564 [(Tenn. 2001)]); see
also State v. Griffin, 610 S.W.3d 752, 757-58 (Tenn. 2020). To preserve
public confidence in judicial neutrality, judges must be fair and impartial,
both in fact and in perception. Cook, 606 S.W.3d at 253; Kinard v. Kinard,
986 S.W.2d 220, 228 (Tenn. Ct. App. 1998). To these ends, the Tennessee
Rules of Judicial Conduct (âRJCâ) declare that judges must âact at all times
in a manner that promotes public confidence in the independence, integrity,
and impartiality of the judiciary, and shall avoid impropriety and the
-8-
appearance of impropriety.â Tenn. Sup. Ct. R. 10, RJC 1.2. Another
provision declares that judges âshall uphold and apply the law, and shall
perform all duties of judicial office fairly and impartially.â Id., RJC 2.2.
To act âimpartiallyâ is to act in âabsence of bias or prejudice in favor
of, or against, particular parties or classes of parties, as well as maintenance
of an open mind in considering issues that may come before a judge.â Id.,
Terminology. âA judge shall disqualify himself or herself in any proceeding
in which the judgeâs impartiality might reasonably be questioned.â Id., RJC
2.11(A).
Rule of Judicial Conduct 2.11 âincorporates the objective standard
Tennessee judges have long used to evaluate recusal motions.â Cook, 606
S.W.3d at 255. âUnder this objective test, recusal is required if âa person of
ordinary prudence in the judgeâs position, knowing all of the facts known to
the judge, would find a reasonable basis for questioning the judgeâs
impartiality.ââ Id. (quoting Davis, 38 S.W.3d at 564-65).
The intermediate appellate courts have explained that the proponent
of a recusal motion bears the burden of establishing that recusal is
appropriate and that any alleged acts of bias or prejudice arise from
extrajudicial sources rather than from events or observations during the
litigation of the case. Tarver v. Tarver, No. W2022-00343-COA-T10B-CV,
2022 WL 1115016, at *2 (Tenn. Ct. App. Apr. 14, 2022). A trial judge has
a duty to serve unless the proponent establishes a factual basis warranting
recusal. Raccoon Mtn. Caverns and Campground, LLC v. Nelson, No.
E2022-00989-COA-T10B-CV, 2022 WL 3100606, at *3 (Tenn. Ct. App.
Aug. 4, 2022) (quoting Rose v. Cookeville Regâl Med. Ctr., No. M2007-
02368-COA-R3-CV, 2008 WL 2078056, at *2 (Tenn. Ct. App. May 14,
2008)).
Adams v. Dunavant, 674 S.W.3d 871, 878-79 (Tenn. 2023). âTo disqualify [a trial judge],
prejudice must be of a personal character, directed at the litigant, must stem from an
extrajudicial source and result in an opinion on the merits on some basis other than what
the judge learned from . . . participation in the case.â Alley v. State, 882 S.W. 2d 810, 821
(Tenn. Crim. App. 1994) (internal quotation marks and citations omitted).
Tennessee Supreme Court Rule 10B also governs appeals from orders denying a
motion to recuse. The standard of review respecting such orders is de novo with no
presumption of correctness. See Tenn. Sup. Ct. R. 10B, § 2.01. Regarding the scope of
review in a Rule 10B appeal, this Court has explained:
[T]he only order this Court may review on a Rule 10B accelerated
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interlocutory appeal is the trial courtâs order denying the motion to recuse.
Duke [v. Duke], 398 S.W.3d [665,] 668 [(Tenn. Ct. App. 2012)]. Under Rule
10B, we may not âreview the correctness or merits of the trial courtâs other
rulings. . . .â Id.; see also Stark [ v. Stark], [W2019-00901-COA-T10B-CV,]
2019 WL 2515925, at *8 [(Tenn. Ct. App. June 18, 2019)] (â[W]hether the
trial judge erred in his rulings on Husbandâs motions is not an issue in this
limited, interlocutory appeal.â).
Adkins v. Adkins, No. M2023-00384-COA-T10B-CV, 2021 WL 2882491, at *17 (Tenn.
Ct. App. Apr. 15, 2021). Ergo, the narrow issue before us in this Rule 10B appeal is
âwhether the trial court erred in denying the motion for recusal.â See McKenzie v.
McKenzie, No. M2014-00010-COA-T10B-CV, 2014 WL 575908, at *1 (Tenn. Ct. App.
Feb. 11, 2014) (internal citation omitted). We may, in our discretion, decide the appeal
without oral argument. See Tenn. Sup. Ct. R. 10B, § 2.06.
III. Analysis
Upon careful review of the petition and attachments, we determine that our
disposition of this matter does not require an answer, additional briefing, or oral argument,
and we therefore elect to act summarily on this appeal in accordance with sections 2.05
and 2.06 of Rule 10B. See Tenn. Sup. Ct. R. 10B, § 2.05 (âIf the appellate court, based
upon its review of the Petition for recusal appeal and supporting documents, determines
that no answer from the other parties is needed, the court may act summarily on the appeal.
Otherwise, the appellate court shall order that an answer to the petition be filed by the other
parties. The court, in its discretion, also may order further briefing by the parties within
the time period set by the court.â), § 2.06 (âAn accelerated interlocutory appeal shall be
decided by the appellate court on an expedited basis. The appellate courtâs decision, in the
courtâs discretion, may be made without oral argument.â).
At the outset, we note that Petitioner has raised several arguments that are not within
the scope of our review because he seeks review of trial court decisions that lie outside the
order denying recusal. See Adkins, 2021 WL 2882491, at *17 (quoting Duke v. Duke, 398
S.W.3d 665, 668 (Tenn. Ct. App. 2012)) (â[T]he only order this Court may review on a
Rule 10B accelerated interlocutory appeal is the trial courtâs order denying the motion to
recuse.â). Petitionerâs claims that lie beyond the scope of our review include his allegations
that the trial court (1) rejected Petitionerâs attempt to obtain dismissal of a counterclaim;
(2) systematically failed during the litigation to act on Petitionerâs court filings and
conducted âprocedural accelerationâ; (3) systematically failed to address âbad-faith
manipulation of judicial recordsâ by Defendants; (4) failed to review and comprehend
material filings; (5) questioned the validity of Petitionerâs Second Amended Complaint;
(6) ignored the âoperative procedural landscapeâ by entering a âretroactive orderâ on May
12, 2026; (7) refused to allow Petitioner to add defendants to the lawsuit while ignoring
defendant J & Bâs procedural mistakes; (8) sheltered Defendants by âcasting aside its own
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recordâ and âframing argumentsâ in their favor; (9) suffered from âmemory lapsesâ that
caused the court to insulate Defendants from their procedural missteps; (10) allowed
Defendants to âmanipulate the timelineâ of the lawsuit; (11) failed to prepare for the April
22, 2026 hearing; (12) failed to read Petitionerâs filings to prepare for the June 12, 2026
hearing; (13) relied on âan informal judgeâs-assistant notice channel as an administrative
workaround,â as evinced by the passing of a âjudicial assistantâs personal emailâ to
Petitioner during the April 22, 2026 hearing; (14) failed to âfile-stamp and return filingsâ
resulting in a âtotal freeze in filing accessâ experienced by Petitioner; (15) tolerated
opposing counselâs purported violations of Tennessee Rule of Civil Procedure 5 during the
June 12, 2026 hearing; (16) âforcedâ Petitioner to defend a sanctions motion filed by
opposing counsel; (17) failed to address Petitionerâs motion for injunctive relief during the
June 12, 2026 hearing; (18) failed to address papers provided by Petitioner to contradict
opposing counselâs âofficial corporate account ledgerâ; (19) questioned Petitioner during
the January 23, 2026 hearing regarding his reliance on âVirginia law in a Tennessee caseâ;
and (20) failed to address opposing counselâs suspension by the Tennessee Board of
Professional Responsibility. Because these issues lie outside the scope of our review in
this accelerated appeal, we do not reach these issues in this Opinion. See Duke, 398 S.W.3d
at 668; Adkins, 2021 WL 2882491, at *17.
In addition to the above purported actions by the trial court judge, Petitioner raises
various complaints about the behavior of the adverse parties in the underlying litigation as
well as about the Sullivan County Clerk and Masterâs Office. As with the above-delineated
claims related to actions of the trial court judge not associated with the recusal motion, the
purported actions of the clerk and masterâs office and defense counsel also fall outside the
scope of our review in this appeal. See id.
Petitioner does raise certain issues related to the order denying recusal, and these
are proper subjects for our review. Petitioner alleges, inter alia, that the âtone of the [trial
courtâs] denial [of the recusal motion] speaks volumes, serving as a vehicle for the further
admonishment and castigationâ of Petitioner. However, Petitioner does not provide any
supporting details explaining which portions of the order he finds objectionable and does
not cite to relevant authorities to support this argument. Accordingly, we find that in
asserting this claim, Petitioner has not complied with Rule 10B because he has failed to set
forth the relevant facts and citations to authorities in support of this broad accusation. See
Tenn. Sup. Ct. R. 10B, § 2.03(b) and (c) (âThe petition for recusal appeal shall contain . .
. [a] statement of the facts, setting forth the facts relevant to the issues presented for
review[, and a]n argument . . . with citations to the authorities[.]â). Furthermore, upon our
independent review, we do not discern any âtoneâ through language incorporated in the
order denying recusal that would cause a reasonable, disinterested person to believe that
the trial court judgeâs impartiality might reasonably be questioned. See Duke, 398 S.W.3d
at 671 (quoting Eldrige v. Eldridge, 137 S.W.3d 1, 7-8 (Tenn. Ct. App. 2002) (â[A] party
challenging the impartiality of a judge âmust come forward with some evidence that would
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prompt a reasonable, disinterested person to believe that the judgeâs impartiality might
reasonably be questioned.ââ)).
The balance of Petitionerâs remaining claims arise from Petitionerâs observations
and assumptions related to the trial courtâs rulings, comments, or perceived failures to act
during the litigation of the underlying case. Therefore, upon review of these claims, we
determine that Petitioner has not satisfied his burden to establish that the trial court
exhibited bias or prejudice arising from an âextrajudicial source.â See Adams, 674 S.W.3d
at 878-79 (explaining that the proponent of a motion to recuse âbears the burden of
establishing that recusal is appropriate and that any alleged acts of bias or prejudice arise
from extrajudicial sources rather than from events or observations during the litigation of
the case.â) (internal citation omitted); Alley, 882 S.W.2d at 821.
Petitioner alleges that the order denying recusal characterized Petitionerâs filings as
âmerely voluminous, confusing, mistrustful, frustrating, and procedurally misunderstoodâ
and that the trial court so determined to avoid âconfronting or engagingâ the material issues
raised by Petitioner. Petitionerâs claim related to the trial courtâs statements about
Petitionerâs filings arose entirely from the trial courtâs rulings and actions in the underlying
proceeding. Therefore, Petitioner has not alleged, and has provided no proof, that the trial
courtâs characterization of Petitionerâs filings arose from bias stemming from an
âextrajudicial sourceâ that would warrant recusal. See Adams, 674 S.W.3d at 878-79;
Alley, 882 S.W.2d at 821. Moreover, â[r]ulings of a trial judge, even if erroneous,
numerous and continuous, do not, without more, justify disqualification.â See Duke, 398
S.W.3d at 671 (quoting Alley, 882 S.W.2d at 821).
Furthermore, the contents of the application before us do not support Petitionerâs
assertion that the trial court was attempting to avoid engaging with Petitionerâs pleadings
and filings. The trial court repeatedly instructed Petitioner in the order denying recusal
that any remaining substantive issues that Petitioner desired to address, including issues
raised regarding the trial court judgeâs conduct, would be heard at the then-pending July 8,
2026 hearing. These instructions directly contradict Petitionerâs claim that the trial court
was attempting to avoid addressing Petitionerâs motions and pleadings. For the same
reasons, we disagree with Petitionerâs claim that the trial court exhibited prejudice against
Petitioner by characterizing Petitionerâs filings as âpapering the courtâ while at the same
time âignoring the core equitable issues sitting unresolved.â As with Petitionerâs postulate
that the trial court ignored unresolved, material issues, the trial court expressly stated that
Petitioner would have the opportunity to present each of his contentions and issues during
the July 8, 2026 hearing.
Petitioner also claims that in the order denying recusal, the trial court âfalsely
characterizedâ Petitioner as having been unprepared for the April 22, 2026 hearing.
Petitioner is correct that the trial court included in the order denying recusal that Petitioner
âwas not preparedâ for that hearing. Without the benefit of a transcript from that hearing,
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we cannot determine whether the trial court properly assessed Petitionerâs readiness for the
hearing. However, such conclusion is not necessary because the trial courtâs observation
that Petitioner was unprepared was directly related to events associated with the litigation
of this case. Therefore, the statement does not warrant recusal because it does not stem
from perceived bias arising from an extrajudicial source. See Adams, 674 S.W.3d at 878-
79; Alley, 882 S.W.2d at 821. Moreover, it is within a trial courtâs authority in managing
the courtâs docket to expect a party to be prepared for court, even if that party is appearing
pro se. See Hessmer, 138 S.W.3d at 903 (explaining that courts âmust not excuse pro se
litigants from complying with the same substantive and procedural rules that represented
parties are expected to observe.â).
Petitioner next alleges that following the June 12, 2026 hearing, Petitioner
âexperienced a total freeze in filing accessâ until June 18, 2026, the date that the trial court
entered its order denying Petitionerâs motion to recuse. Respecting the trial court judgeâs
actions, Petitioner asserts:
A public courtâs constitutional duty to maintain equal filing access
cannot depend entirely on the physical presence of a single staff member
while emergency, record-sensitive matters are pending. The sudden, total
lockdown of this previously seamless electronic channel occurred only after
judicial recusal was joined as an issue at the June 12 hearing. No
administrative forwarding or backup coverage was deployed, leaving
emergency applications frozen and unreturned until June 18, 2026âthe
exact same day Chancellor Rose entered his order denying the recusal motion
(Plaintiffâs Sworn Personal Statement detailing this systemic withholding of
file-stamps is attached hereto sequentially as Exhibit BB). This simultaneous
timeline creates an objective appearance that Plaintiffâs filings were
intentionally delayed or selectively stalled pending the courtâs unfavorable
recusal ruling.
(Paragraph numbering omitted.)
Petitioner implies that the trial court intentionally âdelayed or selectively stalledâ
Petitioner from filing additional documents during the days between the June 12, 2026
hearing and entry of the order denying recusal on June 18, 2026. However, Petitioner does
not provide any evidence to support this claim other than an email he received on June 18,
2026, from the deputy clerk of court apologiz