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Wednesday, February 17, 2010

Ind. Courts - Still more on: Supreme Court issues writ re Clark Circuit Judge Daniel E. Moore

Updating this ILB entry from Dec. 12, 2009, about a 4-1 Dec. 7th Permanent Writ of Mandamus and Prohibition issued by the Sure me Court on Dec. 7, 2009, today the Court has issued State of Indiana ex rel. Crain Heating Air Conditioning & Refrigeration, Inc. v. The Clark Circuit Court, the Hon. Daniel E. Moore, et al.. From the 9-page Per Curiam opinion:

The Relator in this original action is Crain Heating Air Conditioning & Refrigeration, Inc. (“Crain”). The named Respondents are the Clark Circuit Court; the Honorable Daniel E. Moore, the judge of that court; and Barbara Bratcher-Hass, the clerk of that court. On December 7, 2009, this Court granted the Relator a permanent writ of mandamus and prohibition requiring the clerk to withdraw the case pending below from the trial court due to the court‟s failure to rule timely on a motion for preliminary injunction and to transmit it to this Court for appointment of a special judge. The writ also required Judge Moore to vacate the order he issued after Crain filed its praecipe for withdrawal.

The writ noted that this Court had under advisement whether to issue an opinion explaining its reasons for granting the writ. This opinion states those reasons and clarifies 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.

Posted by Marcia Oddi on February 17, 2010 12:35 PM
Posted to Ind. Sup.Ct. Decisions