Trojnar v. Trojnar

I dissent from the Majority Opinion for the following reasons:

1. A new rule has been promulgated by the Majority. It assumes that Trial Rule 76 rulings should be treated the same as Trial Rule 75 rulings. The latter is a mandatory appeal pursuant to Appellate Rule 4(B)(5) while the former is not. The Majority concludes: “At the time of an adverse ruling under T.R. 76, the parties must perfect an appeal.” Op. at 1096. The reason for filing an appeal after a T.R. 75 ruling is the mandate of the Rule itself, T.R. 75(E). Under T.R. 76, an adverse ruling on a change of judge motion should be…