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WEBBER v. MILLER

No. 02A05-0003-CV-87.

731 N.E.2d 476 (2000)

Thomas L. WEBBER, Appellant-Plaintiff, v. Therese M. MILLER and Kenneth R. Miller, Appellees-Defendants.

Court of Appeals of Indiana.

July 14, 2000.

Attorney(s) appearing for the Case

Cathleen M. Shrader, Thomas M. Kimbrough, Barrett & McNagny LLP, Fort Wayne, Indiana, Attorneys for Appellant.

F. John Rogers, John O. Feighner, Mark E. Giaquinta, Haller & Colvin, Fort Wayne, Indiana, Attorneys for Appellees.

OPINION

KIRSCH, Judge

In this interlocutory appeal, Thomas L. Webber appeals the trial court's grant of a bench trial in contravention of a pre-trial order that set the cause for a jury trial. Upon appeal, Webber claims that the trial court abused its discretion in ordering a bench trial. We agree and reverse.

FACTS AND PROCEDURAL HISTORY

This appeal arises from a personal injury action initiated by Therese and Kenneth Miller, which resulted...

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