Galindo v. Christensen

SHIELDS, Presiding Judge.

Rafael Galindo appeals the trial court's judgment that the Commissioner of the Indiana Department of Insurance "dismiss and withdraw with prejudice" his proposed medical malpractice complaint and that "said proposed complaint hereby is dismissed with prejudice." Record at 29.

We reverse and remand for further proceedings.

ISSUES

1. Whether the Marion County Circuit Court has subject-matter jurisdiction over the subject of the motion for preliminary determination of law.

2. Whether the trial court has the statutory authority to dismiss the proposed complaint.

3. Whether the…