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Tuesday, September 01, 2009
Ind. Decisions - Another NFP COA decision reclassified
Ind. Decisions - Another NFP COA decision reclassified
The case is Darrolyn Ross, et al v. Sheila Rudolph, Luvenia Kilpatrick, et al - NFP opinion issued 7/29/09; Appellant's motion for publication filed 78/19/09; Appellant's petition for rehearing received 8/27/09; Ordered published 8/28/09.
From the opinion:
The sole question before us is whether Judge Zore had the authority to set aside his earlier order of summary judgment in favor of Appellees on the same day that he recused himself. Appellants contend that Judge Zore’s order is invalid, as it was issued on the same day as his recusal. Appellees contend that Indiana law does not prevent a judge from issuing substantive orders on a case, even after he had decided that he must recuse himself, unless actual prejudice or bias has been shown.See the 7/29/09 ILB summary here - 4th case.
Posted by Marcia Oddi on September 1, 2009 09:31 AM
Posted to Ind. App.Ct. Decisions