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Tuesday, January 29, 2013

Ind. Decisions - After oral argument Supreme Court withdraws transfer grant and reinstates COA opinion

The Supreme Court held oral argument in Ohio Farmers Ins. Co., et al. v. Indiana Drywall & Acoustics, Inc. on Jan. 17th.

In a 4-1 Order filed Jan. 28th, the Court rules:

By order dated October 19, 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 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 Ohio Farmers Ins. Co. v. Indiana Drywall & Acoustics, Inc., 970 N.E.2d 674 (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. * * *

All Justices concur except Rush, J., who votes to grant transfer.

Posted by Marcia Oddi on January 29, 2013 09:19 AM
Posted to Ind. Sup.Ct. Decisions