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State v. Ruiten6/28/1988
pting to obtain plaintiff's requested findings and conclusions gave rise to an appearance of impropriety. He argues that the appearance of impropriety occurred because of the trial court's apparent personal interest in ensuring that the state submit its requested findings and conclusions. Defendant asserts that this action violated the rule that no judge should sit in any cause in which he has an interest. See SCRA 1986, 21-200; 21-400. We disagree with defendant's analysis. An "'interest' necessary to disqualify a judge must be a present pecuniary interest in the result, or actual bias or prejudice, and not some indirect, remote, speculative, theoretical or possible interest." State ex rel. Anaya v. Scarborough, 75 N.M. 702, 705, 410 P.2d 732, 734 (1966); State ex rel. Bardacke v. Welsh, 102 N.M. 592, 698 P.2d 462 (Ct. App.1985); see also Rule 21-400. The alleged bias and prejudice must stem from an extrajudicial source and must result in a decision on a basis other than what the judge learned from sitting in the particular case. United Nuclear Corp. v. General Atomic Co., 96 N.M. 155, 629 P.2d 231 (1980), appeal dismissed & cert. denied, 451 U.S. 901, 101 S. Ct. 1966, 68 L. Ed. 2d 289 (1981).
In this case, the trial court's decision had already been made and the parties had been informed of its ruling. Because the trial court had decided in plaintiff's favor, it was reasonable for the trial court to want to see requested findings of fact and conclusions of law from plaintiff. We cannot say that its request for those findings and conclusions shows a bias or prejudice that would necessitate recusal.
Defendant argues that, because the findings and conclusions were untimely filed, they should be stricken. The cases cited by defendant for this proposition, however, are inapposite. In those cases, the party appealing failed to request findings and conclusions and this court held that it would not review evidence where the appellant fails to tender specific findings and conclusions. See Dillard v. Dillard, 104 N.M. 763, 727 P.2d 71 (Ct. App.1986); Pedigo v. Valley Mobile Homes, Inc., 97 N.M. 795, 643 P.2d 1247 (Ct. App.1982); Fidelity Nat'l Bank v. Lobo Hijo Corp., 92 N.M. 737, 594 P.2d 1193 (Ct. App.1979). Such is not the case here. Plaintiff did not fail to file requested findings and conclusions and then seek a review of the evidence on appeal. It is not improper for a trial judge to request counsel to submit requested findings of fact and conclusions of law.
The issue in this case is similar to a trial court's granting of continuances, extensions of time or amendments of pleadings. These matters are within the sound discretion of the trial court. Cf. Camp v. Bernalillo County Medical Center, 96 N.M. 611, 633 P.2d 719 (Ct. App.1981) (granting or denying of motion of continuance rests in the sound discretion of the trial court and will not be interfered with except for a showing of an abuse of discretion). This court's review is limited to whether the trial court abused its discretion in allowing plaintiff to file its requested findings of fact and conclusions of law more than ten days after the trial court entered its decision. An abuse of discretion occurs when the trial court's ruling is clearly against all logic under the circumstances before the court. Jaramillo v. Fisher Controls
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