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Saturday, June 30, 2012

Ind. Decisions - Supreme Court vacates two transfers re child support

The first is Jonathon Douglas v. State of Indiana. The Order, filed June 29, 2012, states:

By order dated January 27, 2012, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. After further review, this Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals opinion reported as Douglas v. State, 954 N.E.2d 1090 (Ind. Ct. App. 2011), should be reinstated as Court of Appeals precedent. Accordingly, the order granting transfer is VACATED and transfer is hereby DENIED. Pursuant to Appellate Rule 58(B), this appeal is at an end. The Court DIRECTS the Clerk to certify this appeal as final.
ILB: Jonathon Douglas v. State of Indiana was a 10/12/11 COA opinion that concluded: "Finally, when all is said and done, it is the province of our supreme court to consider exceptions to its general, administrative rules governing child support. We therefore decline to create an exception to the rules set forth in Lambert and Clark and hold that the trial court erred when it concluded that incarceration for nonsupport of a dependent child cannot amount to a change in circumstances so substantial and continuing as to make the terms of an existing child support order unreasonable."

The second is Nunley v. Nunley. The Order, filed June 29, 2012, states:

By order dated January 27, 2012, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. After further review, this Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals opinion reported as Nunley v. Nunley, 955 N.E.2d 824 (Ind. Ct. App. 2011), should be reinstated as Court of Appeals precedent. Accordingly, the order granting transfer is VACATED and transfer is hereby DENIED. Pursuant to Appellate Rule 58(B), this appeal is at an end. The Court DIRECTS the Clerk to certify this appeal as final.
ILB: Julie Nunley, n/k/a Waldrath v. Jeremy A. Nunley was a 10/12/11 COA ruling following Douglas: "The State appeals from the trial court's order modifying the child support obligation of Jeremy A. Nunley and raises one issue, which we restate as whether the trial court abused its discretion in concluding that Nunley was entitled to a reduction of his child support obligation due to the decrease in his income resulting from his incarceration for Class D felony nonsupport of a dependent. For the reasons set forth in Douglas v. State, another case handed down today, we affirm."

Posted by Marcia Oddi on June 30, 2012 11:00 AM
Posted to Indiana Transfer Lists