Bose wins appeal of trial court’s denial of motion for change of judge

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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.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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