Legal Opinion

Roberts v. Community Hospitals of Indiana, Inc.

Indiana Supreme Court

Decided December 9, 2008No. 49S02-0804-CV-189PublishedCited by 17 opinions

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…

2Cases cited26 opinions

  1. University of Texas v. CamenischSupreme Court of the United States · 1981
  2. Peter Anderson v. Ramon Davila Kenneth Mapp Robert Soto Elton Lewis Government of the Virgin Islands, D/B/A Virgin Islands Police DepartmentCourt of Appeals for the Third Circuit · 1997
  3. Eli Lilly and Company, Inc. v. Generix Drug Sales, Inc., Caribe Chemical Company, Inc., Ellencee Pharmaceutical Laboratories, Inc., (Three Cases)Court of Appeals for the Fifth Circuit · 1972
  4. University of Southern Indiana Foundation v. BakerIndiana Supreme Court · 2006
  5. Abraham Zion Corp. v. LebowCourt of Appeals for the Second Circuit · 1985

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3Cited by17 opinions

  1. Daniel Lee Pierce v. State of IndianaIndiana Supreme Court · 2015
  2. Jacobs Broadcast Group, Inc. v. Jeff Beck Broadcasting Group, LLCCourt of Civil Appeals of Alabama · 2014
  3. The Care Group Heart Hospital v. Roderick J. Sawyer, M.D.Indiana Court of Appeals · 2017
  4. Acheron Medical Supply, LLC v. Cook Medical IncorporatedCourt of Appeals for the Seventh Circuit · 2020
  5. Acheron Medical Supply, LLC v. Cook Medical IncorporatedCourt of Appeals for the Seventh Circuit · 2020

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