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High court clarifies preliminary injunction issue

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The Indiana Supreme Court issued an opinion today explaining its reasoning for granting a permanent writ of mandamus last year against Clark Circuit Court. The justices also clarified the procedure that may be used to withdraw a case from a court that fails to rule promptly after hearing a motion related to a preliminary injunction.

In August 2009, Crain Heating Air Conditioning & Refrigeration Inc. filed a complaint in Clark Circuit Court seeking damages and injunctive relief against Elite Heating, Air Conditioning & Refrigeration Inc. and its officers and employees. The company also filed for a preliminary injunction against Elite to prevent it from misappropriating Crain's confidential business information.

Clark Circuit Judge Daniel Moore was assigned to the complaint. Elite filed for a change of judge, which was granted. Judge Moore still presided over Crain's preliminary injunction hearing Aug. 20, which was scheduled prior to the request for change of judge. The parties were given until Sept. 14 to submit proposed findings of fact. Elite move for and was granted a 10-day extension to file. On Sept. 21, Crain filed a praecipe alleging the court failed to timely rule on the preliminary injunction motion and asked the clerk pursuant to Indiana Trial Rules 53.1 and 65(A)(3) to review the matter and determine more than 30 days had passed without a ruling since the conclusion of the hearing on the preliminary injunction.

Eight days later, the clerk determined a ruling on the preliminary injunction request hadn't been delayed. Judge Moore then denied the preliminary injunction. Crain filed the original action for permanent writ of mandamus, which the Supreme Court granted Dec. 7.That writ ordered the clerk to withdraw the case from the trial court and transmit it to the Supreme Court for appointment of a special judge and for Judge Moore to vacate his Oct. 2 order denying the preliminary injunction.

In today's action, State of Indiana ex. rel. Crain Heating Air Conditioning & Refrigeration Inc. v. The Clark Circuit Court, et al., No. 10S00-0910-OR-500, the justices noted the papers filed aren't clear as to whether Crain sought relief because the Circuit Court failed to rule within 10 days after the preliminary injunction hearing, per T.R. 65(A)(3), or within 30 days after the hearing, per T.R. 53.1, or both. There's been no precedent discussing the interplay between the two trial rules - T.R. 65(A)(3) refers to the 10-day deadline but also refers to T.R.53.1's 30-day time frame for ruling on motions in general.

"These rules should be interpreted in conjunction with each other to mean that unless an order is entered within ten days after the hearing upon the granting, modifying, or dissolving of a temporary or preliminary injunction, there has been a delay in ruling and an interested party may immediately praecipe for withdrawal under the procedure provided in Trial Rule 53.1(E)," the per curium order stated.

If the ruling involves the granting, modifying, or dissolving of a temporary or preliminary injunction and it hasn't been entered within 10 days, it's not necessary for a party to wait for the 30-day period under T.R. 53.1. A clerk should determine the question of delay with reference to the 10-day period.

Because a ruling wasn't issued within 10 days of the Aug. 20 hearing and Crain then filed its praecipe, it's entitled to have the case withdrawn from the court.

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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