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Friday, October 30, 2009

Ind. Decisions - What happens when a case is settled after transfer is granted? [Updated]

The answer is in this Supreme Court "Order Dismissing Appeal and Vacating Oral Argument Setting," file-stamped Oct. 28, 2009. The case is Bunn v. INDOT. From the Order:

By order dated September 24,2009, the Court transferred jurisdiction of this appeal from the Court of Appeals to this Court, and set November 24, 2009 as the date for oral argument. The parties now file a "Notice Of Settlement And Stipulation For Dismissal Of Appeal," reporting they have reached a settlement and requesting the appeal be dismissed.

Being duly advised, the Court GRANTS the request, DISMISSES this appeal, and VACATES the oral argument setting. The Court of Appeals' not-for-publication Memorandum Decision in Bunn v. Indiana Dep't of Transp., Cause No. 50A03-0810-CV-504 (Ind. Ct. App. 2009), was vacated by the Court's earlier grant of transfer and shall be held for naught. See Appellate Rule 58(A). This appeal is at an end.

[Link added by ILB]

(As this case involved a NFP decision of the COA, it had no precedential value anyway under Rule 65(E).)

[Updated 10/31/09] A knowledgeable reader sends this note:

Thought you may be interested in knowing that, while a settlement after transfer normally will result in the appeal being dismissed, there have been several instances where the Supreme Court has not granted a party's motion to dismiss an appeal after transfer has been granted.

Whereas the Court of Appeals almost always will allow a party to dismiss an appeal after settlement (unless the decision has already been written and the opinion is ready to be handed down), the Supreme Court has more often kept a case active even after settlement because the issues involved are of enough concern that direction from the Supreme Court is warranted, even though the action is basically mooted as between the parties (especially if the legal issue is important, but is one that doesn't often present itself on appeal).

Posted by Marcia Oddi on October 30, 2009 04:27 PM
Posted to Ind. Sup.Ct. Decisions