Marquitta L. Portman,                 *
Plaintiff,                            *
     v.                               *
The Honorable GEORGE H. KREEGER,      *
The Hon. ROBERT E. FLOURNOY, Jr.      *
The Honorable DOROTHY ROBINSON,       * CIVIL ACTION
The Honorable S. LARK INGRAM,         *   FILE NO.
The Honorable JAMES G. BODIFORD,      *
The Honorable MICHAEL STODDARD,       *     99-1-7941-24
JAY STEPHENSON,                       *
Clerk of Cobb County Superior Court,  *
LARRY W. YARBROUGH, Attorney at Law,  *
DARYL KIDD, Attorney at Law,          *
GREGORY RUSSELL PORTMAN, and          *
R. WYNETTE KENNEDY PORTMAN,           *
Defendants                            *

COMES NOW, Marquitta L. Portman, Plaintiff in the above styled matter, and files this her Motion to Disqualify the Honorable Kenneth Nix, and shows this Court the following:

Pursuant to Superior Court Rule 3.2, Saturday, October 16, 1999, at approximately 4:30 p.m., Plaintiff learned that the Honorable Michael Stoddard had recused himself from the instant case at bar and that the case was now assigned to the Honorable Kenneth Nix.

Pursuant to Superior Court Rule 25.1, Plaintiff respectfully moves this Court to disqualify the Honorable Kenneth Nix from the above-styled action. Plaintiff shows this Court that the Motion is timely, for it is made within five (5) days of the alleged grounds for disqualification.

Acting as trier of this instant civil action places the Honorable Kenneth Nix in a position which, to the average person, has the appearance of prejudice and bias.

The Honorable Robert E. Flournoy, Jr., through June 1999 Order signed by the Honorable George Kreeger, has already assigned the underlying case of divorce, Civil Action File No. 94-1-5243-22, to a judge outside the Cobb Circuit. It is evident from the pleadings filed in Civil Action File No. 94-1-5243-22, Civil Action File No. 96-1-2243-22, Civil Action File NO. 96-1-0373-24, and the instant case at bar, that such action was because the Court, itself, perceived that for any Cobb County Superior Court Judge to preside over this instant case, such would have the overwhelming appearance of prejudice and bias.

WHEREFORE, Marquitta L. Portman, Plaintiff in the above styled action, prays:

1.    that the Honorable Kenneth Nix recuse himself, pursuant to Superior Court Rule 25.7, or,
2.    that oral hearing be allowed for the purpose of presenting evidence to disqualify the Honorable Kenneth Nix, and
3.    that this Court grant Plaintiff such other relief as it deem proper.

Respectfully submitted,

Marquitta L. Portman, Plaintiff
261 Pioneer Trail
Marietta, GA 30068-3470
 

Sworn to and subscribed before me
this 18th day of October 1999.

Notary Public

Commission expires:

         email: m-portman@clr.org