Zarko Sekerez v. Board Sanitary

This is an appeal from an interlocutory order in which the Plaintiff-Appellant sought injunctive relief in what is commonly known as a Public Lawsuit, IC 1971, 34-4-17-5, [ Burns Ind. Ann. Stat. § 3-3305 (1972 Supp.)]. It is more specifically an appeal from an interlocutory order that required the plaintiff to post a bond or the cause would be dismissed. The Court of Appeals in a Per Curiam opinion, Sekerez v. Board of Sanitary Commr's et al. (1973), 302 N.E.2d 536, ordered this case transferred to this Court on the grounds that the Court of Appeals did not have jurisdiction. We point out that in another case, decided a month earlier, Sekerez v. Gary Redevelopment Commission (1973), 301 N.E.2d 372, the Third District of the Court of Appeals in a unanimous opinion took jurisdiction of an interlocutory appeal in a case such as this. As a general rule, appeals may be taken only from final judgments. At the same time, appeals normally are not permitted from interlocutory orders before the final judgment, unless specifically granted by statute or a rule of this Court. Following the adoption of our new codification of the Indiana Rules of Procedure, which became effective January 1, 1970, we provided for appeals to the Supreme Court in certain enumerated and specified cases. See Rule AP. 4(A). Following the enumeration of appeals that could be taken specifically to the Supreme Court, the second paragraph, Rule AP. 4(B), provided: