Friday, May 27, 2016
Ind. Decisions - Vacated COA opinion now reinstated after oral argument and 2-2 vote by Supreme Court
On Thursday, May 26th, the Supreme Court heard oral argument in the case of A.W. v. R.W. You may watch the oral argument here.
However, later that afternoon, the currently 4-member Court split 2-2 on disposition of the case. Accordingly, it issued this order, filed late on May 26th:
On March 17, 2016, the Court issued an order granting transfer of jurisdiction over this appeal from the Court of Appeals. That order vacated the decision of the Court of Appeals under Appellate Rule 58(A). After oral argument and further review, the four members of the Court are evenly divided on the proper disposition of the case.This Court of Appeals opinion, Wood v. D.W. ex rel. Wood, as issued Nov. 30, 2015 by the Court of Appeals, has been reinstated.
This rare circumstance is anticipated in our rules, which provide that when “the Supreme Court is evenly divided after transfer has been granted, the decision of the Court of Appeals shall be reinstated.” Appellate Rule 58(C).
The Court of Appeals decision, Wood v. D.W. ex rel. Wood, 47 N.E.3d 12 (Ind. Ct. App. 2015), is hereby reinstated, and the Clerk of Courts is directed to certify that decision.
ILB note: Although the Supreme Court order refers to the "The Court of Appeals decision," the revised Appellate Rule 65(a) distinguishes between COA "opinions" and "decisions" and reserves "decision" for those not to be "published" ...