State v. Steinmetz

This cause is before us on the appellee’s motion to dismiss. The case was at issue on December 18, 1969, at which time the trial court entered an order, without affording Plaintiff (Appellant) an opportunity to be heard, directing that “* * * All proceedings leading up to the trial, the trial, and all subsequent proceedings in relation thereto shall proceed and be governed by the former rules of civil procedure.” The order was made pursuant to trial rule 84 of the Indiana Rules of Procedure, which did not become effective until January 1, 1970.

The trial was held, and on February 6, 1970, a…