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Wednesday, December 09, 2009

Ind. Courts - Supreme Court issues writ re Clark Circuit Judge Daniel E. Moore

Here is the 4-1 Dec. 7th Permanent Writ of Mandamus and Prohibition issued in State of Indiana ex rel. Crain Heating Air Conditioning & Refrigeration, Inc. v. The Clark Circuit Court, et al. A quote:

Relator alleges the trial court failed to rule on its motion for preliminary injunction within the time required by the Trial Rules. Relator further alleges the trial court clerk failed in her duty to withdraw the case from the trial court for appointment of a special judge after Relator filed its praecipe. * * *

Accordingly, the Court GRANTS the writ. The Honorable Daniel E. Moore is directed to vacate the “Findings of Fact, Conclusions of Law and Order Denying Preliminary Injunction and Other Orders” filed on October 2, 2009, and to cease exercising jurisdiction over the case below except as to any administrative tasks necessary to effectuate this writ. Barbara Bratcher-Hass, clerk of the trial court, is directed to give written notice to Judge Moore and this Court that submission of the case has been withdrawn in accordance with Trial Rule 53.1(E)(2).

The Court takes under advisement whether to issue an opinion explaining the reasons for granting this writ.

Justice Rucker dissented.

Posted by Marcia Oddi on December 9, 2009 11:19 AM
Posted to Ind. Sup.Ct. Decisions