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Wednesday, January 19, 2011

Ind. Decisions - Court of Appeals issues 2 today (and 7 NFP)

For publication opinions today (2):

In Jeffrey Allen Rowe v. Indiana Dept. of Correction, a 6-page opinion in a pro se case, Judge Friedlander writes:

Upon interlocutory appeal, Jeffrey Allen Rowe challenges the trial court’s ruling on a motion he filed entitled “Appellant’s Verified Petition For An Order Waiving All Or Partial
Filing Fees And Court Costs.” We do not address the issue presented by Rowe, however, because we lack jurisdiction and therefore must dismiss. * * *

This is neither an order to pay money within the meaning of App. R. 14(A)(1) nor tantamount to one. Accordingly, we conclude that the small claims court’s ruling on his verified petition for waiver of fees and costs is not an interlocutory order appealable as a matter of right under App. R. 4(A)(1). This being the case, Rowe was required to request a discretionary appeal pursuant to the procedures set out in App. R. 14(B). He failed to do this. Because no basis exists for an interlocutory appeal as a matter of right pursuant to App. R. 14(A), we dismiss Rowe’s appeal for lack of jurisdiction.

In Leo Machine & Tool Inc., et al. v. Poe Volunteer Fire Dept. Inc., et al., a 1/2 page ruling on a rehearing petition, Judge Riley writes:
[W]e affirm our opinion in full with the addition that we now also affirm the trial court’s summary judgment in favor of Anderson on the same legal grounds.
NFP civil opinions today (3):

Kathy Lynch v. Daryl and Elizabeth Ackerman (NFP)

George Sheffer v. Gayle Sheffer (NFP)

Frank E. Willis v. Keith Holder (NFP)

NFP criminal opinions today (4):

Christina Smith v. State of Indiana (NFP)

Jamie S. Weddle v. State of Indiana (NFP)

State of Indiana v. Michael Willaims (NFP)

Michael P. Wright v. State of Indiana (NFP)

Posted by Marcia Oddi on January 19, 2011 11:06 AM
Posted to Ind. App.Ct. Decisions