Injunction, New Judge Agreed Upon In Miller, Wilcoxson Lawsuit
Posted
Craig Brosman-
Both sides of the Dr. Dane Miller, Brent Wilcoxson lawsuit agreed to terms of a temporary injunction, Friday. Friday afternoon in Judge Duane Huffer’s Superior Court I, Wilcoxson agreed to the terms of the temporary injunction Miller was seeking in the case. The injunction prohibits Wilcoxson from destroying, removing, or changing anything about the 13 properties that Miller contests Wilcoxson acquired from him without his permission. Not only did both sides agree to the terms of a temporary injunction, but they agreed to seek a special judge in the matter. St. Joseph County Judge John Marnocha will continue the proceedings instead of Huffer. Now that the preliminary injunction is set in place, the case can continue to trial as previously planned by Miller and his attorneys. The trial date for the case has not yet been set. Attempts to contact Miller’s lawyers were not returned and Judge Huffer was not available for comment as well. Miller informed the Times-Union that he would not provide a comment on the legal proceedings until the case has gone through the courts. On June 29, Miller and his attorneys filed allegations that Wilcoxson, the former managing director of the Village at Winona, not only took 13 properties that belonged to Winona Restoration Partners, but also used WRP funds to pay for his sons tuition and took funds from the company. Within the filings Miller requested a temporary restraining order against Wilcoxson over the 13 properties in which Miller contests were taken without his knowledge. Additionally he requested that the court hear his application for a preliminary injunction. Within the application for a preliminary injunction Miller asks the court to prevent Wilcoxson, and Winona Arts, Restoration and Preservation Inc. and their employees, agents, representatives and anyone else acting on their behalf from destroying, removing, or altering any buildings, improvements, fixtures or other property on the parcels of land pending the determination of the action. The lawsuit by Miller details nine different allegations against Wilcoxson and seeks restitution for actual and punitive damages. In addition, within the amended complaint Reed filed claims Wilccoxson of breach of fiduciary duties, fraud, constructive fraud, conversion and unjust enrichment.
