Wade v. Terex-Telelect, Inc.

Docket: No. 29S05-1209-CT-557

Court: Indiana Supreme Court; March 18, 2013; Indiana; State Supreme Court

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The Court issued a published order on September 27, 2012, regarding a petition for transfer of jurisdiction from the Court of Appeals. After thorough review and oral arguments, the Court decided not to assume jurisdiction over the appeal. Consequently, it reinstated the Court of Appeals opinion in Wade v. Terex-Telelect, Inc., 966 N.E.2d 186 (Ind. Ct. App. 2012) as established precedent. The prior order granting transfer was vacated, and the transfer was denied, concluding the appeal under Appellate Rule 58(B). The Clerk is instructed to certify the appeal as final and distribute copies of the order to relevant parties, including judges and counsel of record, as well as to LexisNexis and Thomson/Reuters for publication. Chief Justice Dickson, along with Justices Rucker and Massa, concurred, while Justice David dissented with a separate opinion, and Justice Rush dissented without an opinion.