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Wednesday, October 31, 2012

Ind. Decisions - Supreme Court reinstates COA opinion in Whiskey Barrel Planters

The Supreme Court heard oral argument on Oct. 24th in the case of Whiskey Barrel Planters Co., Inc. v. American GardenWorks, Inc.

In an order filed Oct. 29th, the Court has ruled:

By order dated August 31, 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 Whiskey Barrel Planters Co., Inc. v. American Gardenworks, Inc., 966 N.E.2d 711 (Ind. Ct. App. 2012), 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 Court of Appeals opinion.

Posted by Marcia Oddi on October 31, 2012 03:23 PM
Posted to Ind. Sup.Ct. Decisions