A hearing in Kosciusko Superior Court 1 today was held in the Dr. Dane Miller v. Brent Wilcoxson case. The hearing was set to determine a permanent restraining order on 13 properties at the center of the lawsuit.
Dr. Miller is suing his former business partner in Winona Restoration Partners LLC, accusing Wilcoxson of wrongfully obtaining real estate and mishandling financial information and documents.
After nearly an hour of testimony by Dr. Miller as both sides tried to determine the necessity of a permanent order until the case goes to trial, attorneys for both parties were ordered by Judge Duane Huffer to approach the bench. The judge spoke to defense attorneys Robert Nicholson and Larry Barnard, and plaintiff’s attorneys Rick Richmond and Mike Reed, then left the courtroom.
Following discussions outside of the courtroom, all parties returned and agreed to continue the terms of the temporary injunction. In short, Wilcoxson agreed not to remove or destroy any properties or features of the properties involved in the suit.
Dr. Miller’s lawsuit contends that Wilcoxson not only wrongfully transferred real estate owned by WRP LLC to his own nonprofit company, Winona Arts Restoration and Preservation Inc., but that Wilcoxson also stole funds from WRP LLC to pay for personal expenses including his son’s college.
W.A.R.P. Inc. was added as a defendant in the lawsuit on Tuesday.
In a request by the defense, a motion for a special judge was also agreed to in court today. St. Joseph County Superior Court I Judge John Marnocha will assume the case.