This occurred in March 1992, after the superior court had granted summary judgment based on res judicata. Pride then sought reconsideration of the summary judgment based on res judicata. The superior court vacated its ruling of res judicata. However, the following day it granted summary judgment to Harris and Suburban Propane on the basis of accord and satisfaction. Alaska R. App.
Pride asserts another point on appeal.
In November 1992 Pride asked Superior Court Judge Mark C. Rowland to recuse himself on the basis of actual or apparent bias. Pride based this request on the fact that Judge Rowland had previously presided over a child custody proceeding between Pride and his companion at the time, Carla Fazio, in which Fazio was awarded custody of their child. Pride alleged that Judge Rowland's participation in Fazio v. Pride biased his consideration of the case at bar. The Issue of Res Judicata is Not Properly Before This Court. Harris and Suburban Propane argue that we should affirm summary judgment on the basis of res judicata.