Rayburn v. Eisen

DISSENTING OPINION

Lybrook, J.

I respectfully dissent from the opinion of my learned colleagues as to when, for purposes of Indiana Rules of Procedure, Trial Rule '76(2), the issues are first closed on the merits in cases involving multiple defendants in separate capacities. While I have no quarrel with the holdings of State ex rel. Yockey v. Superior Court of Marion County *334(1974), 261 Ind. 504, 307 N.E.2d 70, and State ex rel. Katz v. Superior Court of Marion County (1974), 261 Ind. 623, 308 N.E.2d 694, I find those cases clearly distinguishable from the case at bar. Both of those cases…