Opinion
No. 28,957.
Filed April 20, 1953.
1. APPEAL — Procedure — Failure of Appellee to File Answer Brief — If Appellant's Brief Makes Prima Facie Showing Order May be Reversed. — Upon an appeal from an interlocutory order denying a temporary injunction, if the appellee fails to file an answer brief and if appellant's brief makes a prima facie showing of reversible error, the Supreme Court may reverse the order appealed from. p. 77.
2. APPEAL — Appellant's Brief Not Controverted — Supreme Court Not Required to Detail All Evidence Received. — When appellee did not controvert appellant's original brief this Court is not required to detail all the evidence received by the trial court. p. 77.
From the Floyd Circuit Court, John A. Cody, Jr., Judge.
The State sought to enjoin appellee, J.A. Stucker, from practicing medicine without a license and the lower court denied a temporary injunction. The State appealed.
Reversed.
J. Emmett McManamon, Attorney General, Thomas L. Webber and Robert C. Walsman, Deputy Attorneys General, for appellant.
This is an appeal from an interlocutory order denying a temporary injunction sought by relator to prohibit appellee from practicing medicine without a license. The assignment of error here that the trial court erred in denying the plaintiff a temporary injunction is in proper form. State ex rel. Board, etc. v. Hayes (1950), 228 Ind. 286, 288, 91 N.E.2d 913.
The appellee has failed to file an answer brief as required by Rule 2-15. If the appellant's brief makes a prima facie showing of reversible error, we may reverse 1. the order appealed from. Reed, Adm. v. Brown (1939), 215 Ind. 417, 420, 19 N.E.2d 1015; State v. Rousseau (1936), 209 Ind. 458, 199 N.E. 587; Finerty, Auditor v. Bryan (1938), 214 Ind. 570, 16 N.E.2d 882.
Since appellee has not controverted appellant's original brief, we are not required to detail all the evidence received by the trial court on the hearing before it denied a temporary 2. injunction, but it is sufficient to note that the uncontroverted evidence disclosed that the appellee was practicing medicine without a license. In such case it was the duty of the trial court to issue the temporary injunction. State ex rel. Board, etc. v. Hayes (1950), 228 Ind. 286, 91 N.E.2d 913, supra; State ex rel. Board, etc. v. Henry (1951), 229 Ind. 219, 97 N.E.2d 487; State ex rel. Board, etc. v. Frasure (1951), 229 Ind. 315, 98 N.E.2d 365.
The interlocutory order denying a temporary injunction is reversed, with instructions to the trial court to grant the temporary injunction.
Flanagan, J., not participating.
NOTE. — Reported in 111 N.E.2d 714.