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Friday, January 18, 2013

Ind. Decisions - COA posts another opinion, an order on rehearing

Sometime after the COA posted the six opinions today, it posted another, In Re Indiana Newspapers, Inc., d/b/a The Indianapolis Star v. Jeffrey M. Miller, et al. (Here are earlier, related ILB entries.) From Chief Judge Robb's 6-page opinion granting the petition for rehearing and affirming its order [dismissing appeal in this matter] in all respects:

In its original briefing, The Star maintained that the Discovery Order at issue here was a final judgment eligible for direct appeal. When we scheduled oral argument on The Star’s Motion to Stay, we asked the parties “to address whether the court has jurisdiction to consider the trial court’s discovery order.” We rejected The Star’s arguments for the reasons stated in our Order.[2]

Now The Star advances a number of additional arguments as grounds for the exercise of jurisdiction in this case. It is a well-settled rule that a party may not advance new arguments on rehearing, and, to the extent the Petition breaks new ground, it is out of bounds. Carey v. Haddock, 881 N.E.2d 1050, 1051 (Ind. Ct. App. 2008), trans. denied. When a party offers new arguments in a petition for rehearing, we usually deny the petition. Nevertheless, we have granted the Petition to consider the additional reasons The Star now presents for this court to exercise jurisdiction.
2 Among other reasons, we noted that The Star’s rationale for jurisdiction amounts to a constitutional challenge to our rules of procedure and leads to the conclusion that every interlocutory order would be subject to an immediate direct appeal.

Posted by Marcia Oddi on January 18, 2013 03:38 PM
Posted to Ind. App.Ct. Decisions