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Court tackles 2 first-impression issues

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The Indiana Supreme Court ruled on a case today in which there were two issues of first impression, finding consolidation of a trial with a preliminary injunction hearing without notice isn't a reversible error unless a showing of prejudice can be made.

In John C. Roberts, M.D. v. Community Hospitals of Indiana, Inc., No. 49S02-0804-CV-189, the high court was faced with two issues Indiana courts hadn't directly ruled on - the standard of review of a trial court's decision to advance and consolidate a trial on the merits with a preliminary injunction, and whether a party which solicits the equivalent of a final judgment waives any challenges to consolidation as improper.

Dr. John C. Roberts was a resident in Community Hospitals' Family Medicine Residence Program under a one-year contract. Despite tardiness and absenteeism from work, Roberts' contract was renewed for a second year. After several warnings about his missing exams and not showing up for shifts, Community terminated his contract. Roberts sued for breach of contract and the trial court held a preliminary injunction hearing. The court then consolidated without notice the hearing with a trial on the merits pursuant to Ind. Trial Rule 65(A)(2), denying Roberts' application for a preliminary injunction, and entering final judgment in favor of Community. The trial court also denied Roberts' motion to correct error, in which he argued if he had received notice, he would have called other witnesses and presented more evidence, but he didn't specify names or facts.

The high court hasn't addressed T.R. 65(A)(2) since it was enacted in 1970, and turned to federal courts to see how they have interpreted the similar Federal Rule of Civil Procedure 65(a)(2). The prevailing federal rule is that allegations of prejudice by the consolidation must be specific, which means more than simply identifying the steps that might be possible to produce evidence not shown at the preliminary injunction stage, wrote Justice Theodore Boehm.

The justices also recognized that a stricter requirement of showing prejudice may produce unfair results and may need to be relaxed in situations, such as when a party had little time for discovery of matters largely known to its opponent. The Supreme Court then outlined items a court must consider to determine prejudice following a surprise consolidation.

The Supreme Court also examined another issue of first impression: Community's argument that Roberts can't claim surprise from consolidation because he submitted a proposed order to the court requesting relief on the merits. The 3rd and 7th Circuit appeals courts have addressed this issue and ruled a plaintiff had waived any objection to the timeliness of a notice because he had submitted a brief and a proposed order which "contemplated solely a final adjudication on the merits," wrote the justice.

"We prefer to resolve cases on the merits if in doubt, and we therefore find no waiver in this case but observe that Community's argument finds support in the foregoing federal authority," wrote Justice Boehm. "In the future, of course, parties should be mindful that a request for relief available only in a final judgment after a preliminary injunction hearing may invite consolidation under Trial Rule 65(A)(2) and waive any objection to lack of notice."

The Supreme Court affirmed the consolidation and entry of final judgment.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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