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Monday, September 21, 2015

Ind. Decisions - Supreme Court vacates transfer grant in Zollman Farms case

On Sept. 17 the Supreme Court heard oral argument in Timothy McNamara, et al. v. Zollman Farms Inc, et al.

In an order filed Sept. 18th and posted today, the Court, by a vote of 3-2, vacates its transfer grant and reinstates the Jan. 13, 2015 NFP Court of Appeals opinion:

By order dated June 11, 2015, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. After further review, including consideration of the points presented by counsel at oral argument and discussion among the Justices in conference after the oral argument, the Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals decision, McNamara v. Zollman Farms, Inc., No. 36A05-1404-PL-180 (Ind. Ct. App. Jan. 13, 2015), should be reinstated as a memorandum decision.

Accordingly, the order granting transfer is VACATED and transfer is hereby DENIED. Pursuant to Appellate Rule 58(B), this appeal is at an end.

Rucker, David, and Massa, JJ., concur.
Rush, C.J., and Dickson, J., dissent from the denial of transfer.

Posted by Marcia Oddi on September 21, 2015 09:10 AM
Posted to Ind. Sup.Ct. Decisions