Friday, September 14, 2007
Ind. Decisions - Transfer list for week ending September 14, 2007
Here is the Indiana Supreme Court's transfer list for the week ending September 14, 2007. Be sure to view all three pages.
There were no transfers granted this week, other than the Dowell grant with a per curium opinion yesterday.
One interesting transfer denied today is the case of Donald J. & Jacquelyn Lindsey v. De Groot Dairy, LLC and IDEM, thereby upholding a June 4, 2007 COA opinion (see ILB entry here), where Judge Bailey's opinion concludes:
Indiana law strongly prefers disposition of cases on their merits. Coslett v. Weddle Bros. Constr. Co., Inc., 798 N.E.2d 859, 861 (Ind. 2003), reh’g denied. We prefer not to erect procedural obstacles to their presentation. Maldonado v. State, 265 Ind. 492, 355 N.E.2d 843, 848 (1976). In light of the considerations noted above, we conclude that service pursuant to Trial Rule 5 satisfies Indiana Code Section 4-21.5-5-8. To rule otherwise would create a procedural trap for unwary litigants, especially where, as here, the parties had already been engaged in the dispute for some time. If the General Assembly would prefer service to be achieved under Trial Rule 4, it should so specify. Conclusion We conclude that the trial court erred in dismissing the Lindseys’ Verified Petition for Judicial Review. Reversed.
Over three and one half years of Transfer Lists: For other weekly transfer lists (going back to Feb. 2, 2004), check "Indiana Transfer Lists" under "Categories" below, or in the right column.
Posted by Marcia Oddi on September 14, 2007 04:37 PM
Posted to Indiana Transfer Lists