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Friday, September 07, 2012

Ind. Decisions - Supreme court denies State Farm's motion to direct clerk to file appellant's petition to transfer

The Supreme Court on Sept. 5 issued a published order in State Farm v. Radcliff. Here are some quotes from the 2-page order, 5-0 order by CJ Dickson:

Appellant, State Farm Fire & Casualty Company, by counsel, has filed a Motion to Direct Clerk to File Appellant’s Petition to Transfer (“Motion To Direct”) and has tendered its transfer petition. The Appellees have filed their response asking this Court to deny Appellant’s Motion to Direct. * * *

Appellant argues it has a right to petition for transfer of the Court of Appeals’ order denying Appellant’s motion to remand. Appellant relies on language in [Logal v. Cruse, 267 Ind. 83, 368 N.E.2d 235 (1977).]that provided a procedure for requesting a remand and stated, “If the appellate court denies the application for remand, that ruling may be assigned as grounds for rehearing and, where appropriate, transfer.” 267 Ind. at 87, 368 N.E.2d at 237.

When Logal was decided thirty-five years ago, our transfer rule referred to transfer being sought from a “decision” of the Court of Appeals. See Ind. Appellate Rule 11 (1977). Since then, the transfer rule has been amended several times. These amendments have narrowed the type of decision that may be the subject of a transfer petition. * * *

Thus, notwithstanding the language in Logal, the current transfer rule, Appellate Rule 57(B), precludes Appellant from filing its transfer petition because the Court of Appeals has not issued an “adverse decision” in one of the four enumerated forms listed in that rule.

Accordingly, the Court DENIES Appellant’s Motion to Direct and instructs the Clerk of this Court to return the transfer petition and all copies of it to Appellant’s counsel.

Posted by Marcia Oddi on September 7, 2012 10:22 AM
Posted to Ind. Sup.Ct. Decisions