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Friday, July 25, 2014

Ind. Decisions - Supreme Court decided one, posted late yesterday

Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corp. is a 2-page per curiam opinion. The Court:

... grants transfer and summarily affirms the Court of Appeals opinion pursuant to Appellate Rule 58(A)(2), with the exception of footnote 2, which is hereby vacated.
As the Court explains:
The footnote indicates the appellees failed to denominate as a cross-appeal an argument rejected by the trial court that the appellees contend is an alternative ground for affirming the summary judgment order. * * *

The Appellate Rules do not require the filing of a cross-appeal where the appellee does not seek reversal of the order or judgment appealed, but instead raises a ground for affirming that appears in the record and was rejected or not considered by the trial court or agency.

Here is the ILB summary of the Dec. 11, 2013 COA opinion. See also this Dec. 31, 2013 ILB post, headed "Lawyer Has Triable Tort Claim Against Client That Allegedly Got Her Kicked Out as Partner."

Posted by Marcia Oddi on July 25, 2014 09:31 AM
Posted to Ind. Sup.Ct. Decisions