BENHAM, Justice.A contractual dispute between the City of Savannah and its contractor, appellee Batson–Cook Company, and a sub-contractor, appellee Raito, Inc., concerning the design and construction of an underground parking garage in Chatham County resulted in the return of a multi-million-dollar jury verdict against the City and the entry of judgment thereon in Troup County. The Court of Appeals affirmed the judgment in Mayor, etc., of Savannah v. Batson–Cook Co., 310 Ga.App. 878, 714 S.E.2d 242 (2011). We granted the City's petition for a writ of certiorari to the Court of Appeals to decide whether that court erred when it determined the trial judge did not err when, having been presented with a motion to recuse him, he denied the motion rather than refer it to another judge.

Like Taliaferro, McKinney also argues that she has stated a claim for breach of express warranty because conditions precedent can be excused if compliance with them would be futile. See City of Savannah v. Batson-Cook Co., 714 S.E.2d 242, 247 (Ga. App. 2011) ("The law does not require a futile act."). But even if the court assumes arguendo that her futility argument applies to a breach of express warranty claim, her allegations, taken as true, do not enable the court to draw the reasonable inference that compliance with the contract's condition precedent would have been futile.

McFADDEN, Judge.In Mayor & Aldermen of the City of Savannah v. Batson–Cook Co., 291 Ga. 114, 728 S.E.2d 189 (2012), the Supreme Court reversed and remanded with direction Division 1 of our decision in Mayor & Aldermen of the City of Savannah v. Batson–Cook Co., 310 Ga.App. 878, 714 S.E.2d 242 (2011), in which we affirmed the trial court's denial of the City of Savannah's motion to recuse the trial court judge. The Supreme Court held that the trial court judge should have assigned the motion to recuse to another judge for resolution, and directed us to remand the case to the Superior Court of Troup County for disposition of the motion to recuse by a different judge.

McFadden, Judge. In Mayor &c. of Savannah v. Batson-Cook Co., 291 Ga. 114 (728 SE2d 189) (2012), the Supreme Court reversed and remanded with direction Division 1 of our decision in Mayor &c. of Savannah v. Batson-Cook Co., 310 Ga. App. 878 (714 SE2d 242) (2011), in which we affirmed the trial court's denial of the City of Savannah's motion to recuse the trial court judge. The Supreme Court held that the trial court judge should have assigned the motion to recuse to another judge for resolution, and directed us to remand the case to the Superior Court of Troup County for disposition of the motion to recuse by a different judge.

McFADDEN, Judge.In Mayor & Aldermen of the City of Savannah v. Batson–Cook Co., 291 Ga. 114, 728 S.E.2d 189 (2012), the Supreme Court reversed and remanded with direction Division 1 of our decision in Mayor & Aldermen of the City of Savannah v. Batson–Cook Co., 310 Ga.App. 878, 714 S.E.2d 242 (2011), in which we affirmed the trial court's denial of the City of Savannah's motion to recuse the trial court judge. The Supreme Court held that the trial court judge should have assigned the motion to recuse to another judge for resolution, and directed us to remand the case to the Superior Court of Troup County for disposition of the motion to recuse by a different judge.