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Friday, July 25, 2014

Ind. Decisions - Supreme Court finds January 7, 2013 COA order is not an appealable final judgment

In a one-page order dated July 24th, in a case before the Court on a petition to transfer, the Supreme Court writes:

We find the January 7, 2013 order is not an appealable final judgment. The order does not dispose of all claims as to all parties and does not fit within any other definition of "final judgment" listed in Indiana Appellate Rule 2(H). In addition, the order appealed is not within any of the categories of interlocutory orders from which an appeal may be taken as of right under Appellate Rule 14(A), and the appellant did not seek certification to file a discretionary interlocutory appeal under Appellate Rule 14(B). The Appellate Rules therefore do not authorize this appeal.

Accordingly, the Court GRANTS transfer, thereby vacating the Court of Appeals opinion, and DISMISSES the appeal.

Here is the 2-1 Jan. 27, 2014 Court of Appeals opinion. Judge Brown's dissent begins: "I respectfully dissent from the majority’s conclusion that the order is a final judgment."

Posted by Marcia Oddi on July 25, 2014 02:09 PM
Posted to Ind. Sup.Ct. Decisions