Johnson County Rural Electric Membership Corporation and American Meter Reading, LLC (collectively “Johnson County REMC”) appeal the trial court’s denial of their motion for change of judge. The sole restated issue is whether the trial court properly concluded that Johnson County REMC’s motion for change of judge was untimely filed.
Conclusion (slip op. at 11): Johnson County REMC timely filed its motion for automatic change of judge and the trial court was required to grant it; Johnson County REMC did not waive its right to challenge the denial of that motion. We reverse and remand for further proceedings consistent with this opinion, including selection of a special judge in accordance with Indiana Trial Rule 79. Reversed and remanded.
Key Analysis (slip op. at 7, 10-11): It is clear the trial court did not meld the preliminary injunction hearing into a permanent injunction hearing as it could have done pursuant to Trial Rule 65(A)(2) . . . it is clear that the initial hearing on a request for a preliminary injunction was not a trial on the merits . . . REMC’s filing of such a compulsory counterclaim did not constitute the seeking of affirmative relief and did not cause it to waive its claim that the trial court improperly denied its motion for automatic change of judge.
DisclaimerADVERTISING MATERIAL www.boselaw.com/disclaimer
- Amish Litigants Forced to Honor Agreement
- Indiana Appellate Civil Case Law Summary (May 2012)
- U.S. Supreme Court Strikes Down FCC’s Indecency Determinations Against Fox And ABC
- Indiana Appellate Civil Case Law Summary (February 2012)
- Extraordinary Stay Against Newspaper Publication Should Raise Concern
- absolute privilege Advertising Injury Alternative Fee amish anonymous speech Antitrust Appeals Boehm Censorship CERCLA Class Actions Commercial Lines Policy Communications Law Defamation Discovery discovery tools Duty to Defend environmental cleanup FCC First Amendment Free Speech Indecency Indiana indiana court of appeals Indiana Supreme Court Internet Law Journalist's Privilege Justice Life Insurance Media Law Newsgathering objections public utility religious Res Judicata Sevnth Circuit sewer district Shepard Technology United States Supreme Court