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Quimby v. Becovic Management Group, Inc.

Citations: 962 N.E.2d 1199; 2012 Ind. LEXIS 66; 2012 WL 897753Docket: No. 49A05-0912-CV-747

Court: Indiana Supreme Court; February 9, 2012; Indiana; State Supreme Court

Narrative Opinion Summary

The Indiana Supreme Court has denied a petition to transfer jurisdiction regarding a case previously decided by the Court of Appeals. The Court reviewed all relevant materials, including the appellate decision, the record on appeal, and briefs filed in the Court of Appeals. After deliberation among the justices, a vote was taken, resulting in the denial of the transfer petition. The order mandates the Clerk to distribute copies to the counsel of record, publish the order on the Court’s website, and include it in the official bound volumes of the Court’s decisions. Chief Justice Shepard, Justices Dickson and David concurred with the decision, while Justice Sullivan dissented, joined by Justice Rucker.

Legal Issues Addressed

Denial of Petition to Transfer Jurisdiction

Application: The Indiana Supreme Court exercised its discretion to deny the transfer of jurisdiction from the Court of Appeals after reviewing all submitted materials.

Reasoning: The Indiana Supreme Court has denied a petition to transfer jurisdiction regarding a case previously decided by the Court of Appeals.

Dissent in Judicial Decisions

Application: Justice Sullivan dissented from the majority opinion, highlighting a division within the Court, with Justice Rucker joining the dissent.

Reasoning: Chief Justice Shepard, Justices Dickson and David concurred with the decision, while Justice Sullivan dissented, joined by Justice Rucker.

Judicial Process for Transfer Petitions

Application: The Court followed a deliberative process involving review of relevant materials and a vote among justices to decide on the transfer petition.

Reasoning: The Court reviewed all relevant materials, including the appellate decision, the record on appeal, and briefs filed in the Court of Appeals. After deliberation among the justices, a vote was taken, resulting in the denial of the transfer petition.

Procedural Requirements for Court Orders

Application: The Court's order included directives for dissemination and publication to ensure that the decision is properly recorded and communicated.

Reasoning: The order mandates the Clerk to distribute copies to the counsel of record, publish the order on the Court’s website, and include it in the official bound volumes of the Court’s decisions.