Harold E. Pepinsky v. Monroe County

This case involves an appeal from an interlocutory order entered by Special Judge Samuel R. Rosen in the Monroe Superior Court. The trial court determined that the matter raised by the plaintiffs, Harold E. Pepinsky and Roberta McCloskey, involved a public lawsuit and that the plaintiffs were unlikely to prevail on the open door law issue they raised in the complaint. The trial court required the plaintiffs to post a bond of $715,000.00 within ten days or suffer dismissal of the suit. When the deadline passed without any bond being filed, the trial court ordered the suit dismissed. The plaintiffs originally perfected an appeal from the interlocutory order to the Court of Appeals under No. 1-284 A 51, but the appeal was transferred to this Court pursuant to Ind. R.App.P. 4(A)(10) as a result of both parties Verified Petitions and the granting thereof on March 8, 1984. The cause is docketed in this Court under No. 384 S 80.