« Ind. Gov't. - "A study of four Indianapolis area hospitals this year found one in five newborns were born with opiates — from heroin or prescription painkillers — in their bloodstreams" | Main | Law - "Missing From Hacked Emails: Hillary Clinton Herself" »

Monday, October 17, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 6 NFP memorandum decision(s))

For publication opinions today (1):

In Charles J. Davis Sr. v. Jay Phelps, Bartholomew County Clerk , a 4-page opinion, Judge Baker writes:

Charles Davis Sr. appeals the trial court’s order dismissing his complaint for failure to make a timely payment of filing fees. Finding that the trial court was statutorily required to give Davis forty-five days to make the payment, but gave him only thirty days, and that Davis made the required payment within fortyfive days, we reverse and remand. * * *

In this case, the trial court gave Davis only thirty days from the date of the order denying his motion for waiver of the partial filing fees to make the required payment. Based on the plain language of the relevant statute, Davis should have been afforded at least forty-five days. And the trial court did, in fact, receive Davis’s payment on April 11, 2016—less than forty-five days after March 2, 2016, when the order was entered. Given the plain language of Indiana Code section 33-37-3-3(d), we reverse the trial court’s order dismissing Davis’s complaint and remand with instructions to Davis to re-send the filing fee of $17.18 within forty-five days of the certification of this decision and for further proceedings.

NFP civil decisions today (0):

NFP criminal decisions today (6):

Mark T. Hager v. State of Indiana (mem. dec.)

Tyrice Halliburton v. State of Indiana (mem. dec.)

Mark A. Drescher v. State of Indiana (mem. dec.)

Warren Parks v. State of Indiana (mem. dec.)

Matthew S. Wagoner v. State of Indiana (mem. dec.)

Jeffrey S. Heironimus v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on October 17, 2016 11:34 AM
Posted to Ind. App.Ct. Decisions