Monday, April 01, 2013
Ind. Decisions - Transfer list for week ending March 28, 2013
[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the January 11, 2013 list.]
Here is the Clerk's transfer list for the week ending Friday, March 28, 2013. It is two pages (and 24 cases) long.
Three transfers were granted last week (also note that the votes on cases denied transfer is becoming more interesting with the new court makeup):
- Danielle Kelly v. State of Indiana was an 8/30/12 NFP opinion (the 1/18/13 reh'g reaffirmed) where the COA panel concluded:
Neither the Fourth Amendment nor Article 1, Section 11 prohibit the warrantless search and seizure of Kelly and her vehicle, and the trial court did not err in denying her motion to suppress evidence discovered as a result. Kelly’s post-Miranda statements are admissible and the trial court did not err in denying her motion to suppress as to those statements. The trial court’s order is affirmed, and this case is remanded for further proceedings.
- Howard Justice v. American Family Mutual Insurance Company was a 7/18/12 opinion concluding:
In this case, the trial court’s order granting summary judgment reflects, without opinion, its agreement with AFI that the setoffs should result in a reduction from the UIM policy limits. Under the rationale of Beam, however, this is incorrect as a matter of law. After a determination of liability and damages, Justice’s damages award should be reduced by the $25,000.00 recovery from Wagner and the percentage of worker’s compensation benefits paid to Justice based upon Wagner’s percentage of comparative fault, up to a maximum of $25,000.00. Reversed and remanded with instructions.
- James T. Mitchell v. 10th And The Bypass, LLC was an 8/28/12 opinion (the 12/4/12 reh'g reaffirmed) that concluded:
We conclude that the partial summary judgment was interlocutory under Trial Rule 56(C) and subject to revision under Trial Rule 54(B). Thus, we hold that the trial court did not abuse its discretion when it vacated its previously entered partial summary judgment. * * *
In sum, in this case the trial court entered two correct judgments. When the court entered the January Order, the designated evidence did not demonstrate a genuine issue of material fact as to Mitchell’s liability, and the court properly granted partial summary judgment for him as a matter of law. But because the judgment was and remained interlocutory, after the LLC tendered new evidence that established a genuine issue of material fact on the question of Mitchell’s personal liability, the trial court properly exercised its discretion to vacate the January Order and reinstate Mitchell as a defendant. The Order to Vacate was neither against the logic and effect of the facts and circumstances before the court nor contrary to law. Thus, we hold that the court’s Order to Vacate was not reversible error.
Posted by Marcia Oddi on April 1, 2013 02:30 PM
Posted to Indiana Transfer Lists