Breitweiser v. Indiana Office of Environmental Adjudication

The majority relies upon the Breitweis-ers' failure to timely respond to the proposed notice of default. The Breitweisers point out, however, that they did respond within the time allowed. They filed a verified complaint for writ of mandate, for temporary restraining order, and for preliminary and permanent injunction against the OEA and Judge Penrod, which clearly asserted: their .claim that Judge Penrod should. be disqualified and "could not properly make any decisions in the case let alone an entry of default." Br. of Appellants at 28.

Particularly significant is the fact that it was only…