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JACOB v. CHAPLIN

No. 46A04-9210-CV-377.

625 N.E.2d 486 (1993)

Charles R. JACOB and Antonio Sofo d/b/a Antonio Sofo & Sons Importing Co., and Individually, Appellants-Defendants, v. Jerry CHAPLIN and Constance Chaplin, Appellees-Plaintiffs.

Court of Appeals of Indiana, Fourth District.

December 9, 1993.

Attorney(s) appearing for the Case

Timothy J. Walsh, Edward N. Kalamaros & Associates, South Bend, for appellants-defendants.

Robert F. Gonderman, Sr., Gonderman Law Offices, South Bend, for appellees-plaintiffs.

MILLER, Judge.

This certified interlocutory appeal is a case of first impression in Indiana. The broad issue presented is whether a party has a presumptive right to establish conditions for a court ordered routine, Ind.Trial Rule 35 physical examination.1 The specific issue is whether the trial court abused its discretion (and in the process, decided a new question of law) by issuing a protective order which in effect said that a plaintiff...

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