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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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