Monday, March 17, 2014
Ind. Decisions - Transfer list for week ending March 14, 2014
[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 Dec. 20, 2013 list.]
Here is the Clerk's transfer list for the week ending Friday, March 14, 2014. It is three page (and 28 cases) long.
Four transfers were granted last week:
- Bonnie Moryl, as Surviving Spouse and Personal Representative of the Estate of Richard A. Moryl, Deceased v. Carey B. Ransone, M.D., La Porte Hospital, Dawn Forney, RN, Wanda Wakeman, RN BSBA, B. Prast, RN, and Carol Cutter, in her capacity as Commissioner of the Indiana Department of Insurance - This was a May 9, 2013 opinion (see long ILB summary here), a case of first impression involving whether Moryl’s proposed complaint for medical malpractice was timely filed with the Indiana Department of Insurance. After citing a 1972 Supreme Court decision for the proposition that "trial rules do not govern the operations of administrative agencies, or even conditions precedent to the judicial review of administrative decisions", the COA holds:
In light of the above, while Trial Rule 5 and Appellate Rule 23 permit pleadings, motions, and other papers that are sent by a third-party carrier to be deemed filed on the date of deposit with the carrier, these rules to not apply to proposed complaints filed with the Department, an administrative agency. And because Indiana Code section 34-18-7-3(b) expressly states that registered and certified mail are the only two types of mailings by which a proposed complaint will be considered filed as of the date of mailing, a third-party carrier is not included, because that method is not expressly named in the statute.
- State of Indiana v. Adrian Lotaki - This is a July 26, 2013 NFP opinion where the COA dismissed the State's appeal.
- Frank Jacobs v. State of Indiana - This is a Jan. 27, 2014 opinion (see ILB here, 5th case) holding: "Any errors that may have occurred when the trial court excluded S.L.’s testimony regarding G.L.’s truthfulness or the exclusion of Justin as a witness were harmless because there existed independent evidence of Jacobs’ guilt. Therefore, we will not reverse Jacobs’ convictions based on the trial court’s decisions regarding the admissibility of S.L. or Justin’s testimony."
- Eric William Stahl v. State of Indiana - Transfer Granted, the 9/30/13 order dismissing appeal is Vacated, and the case is Remanded to the Court of Appeals for further proceedings.
Posted by Marcia Oddi on March 17, 2014 10:41 AM
Posted to Indiana Transfer Lists