State of Indiana ex rel. Bruce Seal v. The Madison Superior Court No. 3 and Dennis D. Carroll, as Special Judge

Summary

The Indiana Supreme Court dismissed an original action seeking a writ of mandamus requiring a special judge to grant a change of judge and initiate selection of a new special judge. The court held that the relator had not timely objected to the special-judge selection procedure and had not shown that his motion for an automatic change of judge was timely under Trial Rule 76(C). The court concluded that mandamus was unavailable and dismissed the action without allowing rehearing or reconsideration.

Holdings

1. Seal waived any objection to the alleged irregularity because he did not promptly object or request an alternative selection procedure when the regular judge directed the clerk to select a special judge.
2. Seal did not establish that his unverified motion for change of judge was timely under any provision of Trial Rule 76(C), and therefore he had no demonstrated right to the requested automatic change of judge.
3. Mandamus relief was unavailable because Seal failed to show a clear and unquestioned right to relief or a failure by the respondents to perform a clear, absolute, and imperative duty imposed by law.

Questions Presented

1. Whether Seal was entitled to mandamus relief based on alleged irregularities in the selection of the special judge under Indiana Trial Rule 79.
2. Whether Seal's motion for an automatic change of judge was timely under Indiana Trial Rule 76(C).
3. Whether Seal established a clear and unquestioned right to relief warranting a writ of mandamus.

Disposition

dismissed