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Monday, April 14, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 7 NFP)

For publication opinions today (1):

In Ball State Univeristy v. Jennifer Irons, In re the Marriage of: Jennifer Irons, Wife, and Scott Irons, Husband , a 12-page, 2-1 opinion, Judge Barnes writes:

Ball State University (“BSU”) appeals the trial court’s order to release the college transcript of Jennifer Irons’s child, Jordan. We dismiss. * * *

Although BSU did not have a right to appeal the trial court’s order compelling the delivery of the transcript under Appellate Rule 14(A)(3), it could have asked the trial court to certify the order for an interlocutory appeal pursuant to Appellate Rule 14(B). Because BSU failed to have the order properly certified, we must dismiss this appeal.

This appeal was not properly brought under Appellate Rule 14(A)(3). Consequently, we dismiss the appeal.

ROBB, J., concurs.
BROWN, J., concurs in part and dissents in part with separate opinion. [that begins] I concur with the majority’s denial of Jennifer’s request for appellate attorney’s fees but respectfully dissent from the majority’s conclusion that the order does not constitute an interlocutory appeal of right. As the majority notes, Ind. Appellate Rule 14(A)(3) provides an appeal as a matter of right when the appealed order “compel[s] the delivery or assignment of any securities, evidence of debt, documents or things in
action.” Here, the appealed order does exactly that – compels the delivery of a document – by requiring BSU to immediately release an official transcript while admittedly tuition debt remains due and owing.

NFP civil opinions today (4):

Paula Rorer (Hubbard) v. William Shane Rorer (NFP)

In re the Marriage of: Annette M. Huseman, f/k/a Annette M. Mantis v. Angelo N. Mantis (NFP)

In the Matter of the Termination of the Parent-Child Relationship of: J.J. and A.J. (Minor Children) and S.J. (Father) v. Indiana Department of Child Services (NFP)

Jay Darland and Kathleen Darland v. Elizabeth Rupp (NFP)

NFP criminal opinions today (3):

Tyrone A. Thompson v. State of Indiana (NFP)

Jeremy J. Holden v. State of Indiana (NFP)

Donald William Myers, III v. State of Indiana (NFP)

Posted by Marcia Oddi on April 14, 2014 01:31 PM
Posted to Ind. App.Ct. Decisions