Roberts v. Community Hospitals of Indiana, Inc.
Indiana Supreme Court
1Opinion of the Court
On Petition To Transfer from the Indiana Court of Appeals, No. 49A02-0701-CV-17.
BOEHM, Justice.
Indiana Trial Rule 65(A)(2) allows a trial court to advance and consolidate a trial on the merits with a preliminary injunction hearing. The rule explicitly authorizes this action either “[bjefore or after the commencement of the hearing.” A trial court must ordinarily provide notice to the parties when it intends to exercise this authority. Consolidation without notice is not reversible error, however, absent a showing of prejudice, which requires identification of evidence that was not adduced at…
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