F.S. New Products

The panel opinion in this case issued September 11, 2003. Appellant, Tesco American, Inc. d/b/a Tesco/Williamsen, subsequently filed a motion seeking to disqualify Justice Laura Carter Higley, author of the opinion, and to reassign the case to a different panel, "to avoid any appearance of impropriety and to promote public confidence in the judicial system." We address appellants motion as a motion to disqualify Justice Higley and to recuse the remaining members of the panel, Chief Justice Sherry Radack and Justice Elsa Alcala. Justice Higley has decided not to agree to the disqualification; and Justices Radack and Alcala have decided not to recuse themselves. The panel has certified the disqualification and recusal matters to the remainder of the Court. We deny appellants motion.