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Tuesday, October 02, 2012

Ind. Courts - More on: Interesting oral argument on administrative procedure

Last Thursday the Supreme Court heard oral argument in the case of St. Joseph Hospital v. Richard Cain. As reported in the Fort Wayne Journal Gazette:

The state’s four Indiana Supreme Court justices – the governor’s latest appointment hasn’t yet taken the bench – seemed conflicted during the oral argument.

Several pointed out that the statute is clear by saying the filing “must” be verified within 30 days. And Justice Robert D. Rucker pointed out there have to be consequences if rules are to mean anything.

“Must means must,” he said.

Others seemed bothered the case could be kicked for omitting a single line in a filing.

Justice Mark Massa said the commission’s argument “elevates form over substance.” He also said other areas of the law allow for these types of procedural amendments.

“We don’t close the courthouse doors to people because they forgot to cross their t’s and dot their i’s,” he said.

However, last yesterday afternoon the Court filed this order vacating transfer. From the order:
By order dated July 26, 2012, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. After further review, including considering the points presented by counsel at oral argument and further discussion among the justices in conference after the oral argument, the Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals opinion reported as St. Joseph Hosp. v. Cain, 937 N.E.2d 903 (Ind. Ct. App. 2010), 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.
Here is the now reinstated COA opinion.

Posted by Marcia Oddi on October 2, 2012 11:20 AM
Posted to Ind. App.Ct. Decisions | Ind. Sup.Ct. Decisions | Indiana Transfer Lists