"This Court Does Not Deal In Speculation"

The Tennessee Court of Appeals affirmed the denial of a motion to recuse a trial judge

Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (“Baker Donelson”), Plaintiff/Appellant’s counsel of record in this case, is also counsel of record in a case pending in the Chancery Court for Sevier County, Kars, LLC et al. v. Ronald W. Ogle, et al., No. 25-5-106 (the “Kars Lawsuit”). In the Kars Lawsuit, Attorney Nicholas W. Diegel, a Baker Donelson shareholder, represents all six defendants, including Mr. Ronald W. Ogle (“Mr. Ogle”). Mr. Diegel is also one of the attorneys of record in this case.

On September 12, 2024, Judge Adrienne Waters Ogle was sworn in as a Circuit Court Judge for the 4th Judicial District. On the same day, the instant case (Dover v. Dover) was assigned to her docket. Prior to her appointment, Judge Waters Ogle practiced law with the firm of Green, Waters Ogle, and McCarter (the “Green Firm”). Attorney Travis D. McCarter, a member of the Green Firm, represents the plaintiffs in the Kars Lawsuit. The Kars Lawsuit arises from Mr. Ogle’s purchase of real property in Sevier County, Tennessee from a co-defendant and includes claims for breach of a lease purchase option, tortious interference, and other common-law tort claims. The Kars Lawsuit plaintiffs seek compensatory and punitive damages in excess of $150 million. Because all parties to the Kars Lawsuit are well-known members of the community, the Chancellor for Sevier County recused himself at the case’s inception, as did all remaining judges in the Circuit Court. The Kars Lawsuit recently was assigned to the Honorable John McAfee in the Circuit Court for the 8th Judicial District.

The allegations that underpin the recusal motion are contained in an affidavit of Mr. Ogle's personal assistant.

On September 19, 2024, Appellant filed a motion asking Judge Waters Ogle to recuse herself in the Dover case. In addition to Ms. Emory’s declaration, Appellant also filed the declaration of attorney Diegel in support of the motion for recusal. In relevant part, Mr. Diegel stated that,

as lead Baker Donelson counsel for the Kars Lawsuit Defendants, I will be tasked with obtaining discoverable information from Judge Waters Ogle and almost certainly cross-examining her as an adverse witness [in the Kars Lawsuit]. Depending on the outcome of the discovery, I may also be ethically required to report Judge Waters Ogle to the Board of Professional Responsibility based on the August 12, 2024 incident....

The affidavit avers that Judge Waters Ogle trespassed into Ms.Emery's office.

The judge in denying recusal stated that she did not know Mr. Diegal and had no bias against him or his firm. She further denied any knowledge of or connection to the Kars litigation.

Appellant filed the instant petition for recusal appeal in this Court. In addition to the allegations of bias arising from the alleged trespass into Ms. Emory’s offices, Appellant also cites several instances from the September 27, 2024 hearing as proof of a pattern of bias on the part of Judge Waters Ogle.

The court found the allegations of bias in the case did not warrant recusal.

As to the alleged trespass

Here, Appellant’s allegations of bias are comprised largely of speculation and insinuation. Appellant would have us infer that Judge Waters Ogle’s decision to enter Ms. Emory’s office without express permission was in furtherance of her plan to aid her former firm in gaining access to private records important to its representation of the Kars Lawsuit defendants. While Ms. Emory opines that, “Mr. McCarter and Ms. Waters Ogle had the opportunity, outside of camera view, to access and view the confidential documents in my Office,” an opportunity to do something does not mean it was done. Like the Sevierville Police Department, we conclude that the video provided by Appellant was insufficient to show that Judge Waters Ogle tampered with any records held in Ms. Emory’s offices. 

And

Furthermore, at this point, Appellant’s contention that Judge Waters Ogle will be a witness in the Kars Lawsuit is speculative. The fact that Judge Waters Ogle filed a motion to quash in that case indicates that her participation as a witness or otherwise is not settled. This Court does not deal in speculation. To conclude that recusal is necessary, the moving party must put forth actual evidence showing how it was prejudiced by some specific act(s) of the trial judge. Such evidence does not exist in this case. Moreover, Mr. Diegel’s averment that “I may also be ethically required to report Judge Waters Ogle to the Board of Professional Responsibility based on the August 12, 2024 incident . . .,” is mere speculation at this point.

The Knoxville Daily Sun had a story that links to the Kars complaint

At 1:30 p.m. today, Kasowitz Benson Torres filed a case on behalf of KARS, RH1 and Rocky Top against Ronald Ogle, Betty Ogle, Lynn Webb, Daniel Webb, Whaley Properties and LD&S, arising from their predatory and unfair actions to obstruct the development of a commercial business property at 750 Dolly Parton Parkway in Sevierville.

Although they aren't a match for the Hatfield & McCoys, the upcoming show should be spectacular.

The Complaint provides additional context, including antisemitic behavior as described in point #9 and beyond.

The colorful history of the Ogles of Gatlinberg is recounted in this story from Smokey Mountain Living Magazine

Gatlinburg, the popular gateway town of the Great Smoky Mountains National Park, was named for a notorious figure named Radford Gatlin. However, it is the Ogles, descendants of the first settlers, who have embodied Gatlinburg history and contributed to its phenomenal tourist development. Today there are over 10,000 who rightfully claim kin to the Ogles.

During a hunting trek around 1803, William “Billy” Ogle discovered an isolated place near the foot of Mount LeConte that would come to be known as White Oak Flats. He was so impressed that he laid claim to the property, hewed logs for a cabin, then returned to his home in South Carolina and informed his family that as soon as they could grow and harvest a crop, they were all moving to what he described as the land of paradise. Unfortunately, Ogle contracted malaria and died while preparing for the move. 

His undaunted widow, Martha Jane, brought her five sons and two daughters, and her brother and his family to White Oaks Flats in 1807. They found the cached logs where Billy had left them, built a cabin, and settled the land around it. Martha Jane is unquestionably the maternal ancestor of most of the sons and daughters of the pioneer families who built the tourist mecca, Gatlinburg, after the Great Smoky Mountains National Park was established. 

(Mike Frisch)