State ex rel. Bechert v. Jasper Circuit Court

Dissenting Opinion

Hunter, J.

I regret that I must dissent from the majority opinion in this case, which in effect holds that after two years and eight months in which it appeared a motion for a change of venue was totally abandoned, the trial court nevertheless *221has lost jurisdiction, and the change of venue must be granted in a writ of prohibition to this court.

It should be noted that the record before us is not sufficient for us to act upon a writ of prohibition since under Rule 2-85, certified copies of all pertinent court records of the trial court must be made exhibits to the petition…