Since a July 6 hearing in Kosciusko Superior Court 1 in the case of Dr. Dane Miller v. his former business partner, Brent Wilcoxson, there have been two new developments in the case.
Miller is suing Wilcoxson alleging his former partner in Winona Restoration Partners LLC wrongfully transferred 13 parcels of real estate to his own company, known as Winona Arts Restoration & Preservation Inc., and mishandled financial information and documents.
In the July 6 hearing, the parties and their attorneys agreed to continue the terms of a restraining order prohibiting Wilcoxson from setting foot on or making any changes to the 13 parcels of real estate in question.
A special judge was also appointed in that hearing, but yet another judge has since been requested and appointed.
The defense initially asked Judge Duane Huffer in open court on July 6 to accept a motion for a special judge. St. Joseph County Superior Court I Judge John Marnocha was appointed to assume the case. But on July 16, the defense again requested a new judge.
An order was entered that day asking the court to strike Marnocha. The plaintiffs agreed to the request and, from an initial panel of potential judges selected for the case, Elkhart County Circuit Court Judge Terry Shewmaker was appointed on July 17.
Also on July 17, the defense team filed a motion for an extension of time “to answer or otherwise plead” to the charges in the lawsuit. Wilcoxson now has until Aug. 18 to notify the court of his response to Miller’s charges.
No more court dates have yet been set for the case.