KERNAN v. SCHINDLER EX REL. ERNSTBERGER

No. 40A01-0206-CV-200.

801 N.E.2d 189 (2003)

Joseph KERNAN, Governor of the State of Indiana, John Hamilton, Secretary, Indiana Family and Social Services Administration, Melanie Bella, Assistant Secretary, Office of Medicaid Policy and Planning, Janet Corson, Director, Division of Mental Health, Marilyn Schultz, Director, Division of Disability, Aging Court and Rehabilitative Services, Appellants-Defendants, v. Richard SCHINDLER, by his Sister and Guardian Carlyn ERNSTBERGER, Nancy Egner, by her Mother and Guardian Frances Egner, Frank Migliano, by his Parents and Health Care Representatives Fank and Joyce Migliano, Gary Tuttle, by his Parent and Guardian Ruth Tuttle, Amanda Brewer, by her Guardian Miriam Ogan, Philip Pratt, by his Parents and Guardians James and Barbara Pratt, and Muscatatuck Association for Retarded Citizens, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Rehearing Granted December 30, 2003.

Transfer Dismissed April 15, 2004.


Attorney(s) appearing for the Case

Arend J. Abel, Cohen & Malad, Indianapolis, IN, Attorney for Appellant.

David F. McNamar, McNamar & Associates, Indianapolis, IN, Donald B. Kite, Schultz & Pogue, LLP, Carmel, IN, Attorney for Appellee.


OPINION ON REHEARING

KIRSCH, Judge.

The Appellees have petitioned for rehearing as to Part II of our Opinion in this case, O'Bannon v. Schindler, 796 N.E.2d 335 (Ind.Ct.App.2003), in which we held that the provision of the trial court's restraining order which prohibited the State from "[r]educing or removing existing staffing levels at [MSDC], unless the conduct of the...

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