Narrative Opinion Summary
On January 16, 2014, the Court granted a petition for the transfer of jurisdiction from the Court of Appeals. Following further review, including oral arguments and discussions among the Justices, the Court decided not to assume jurisdiction over the appeal. As a result, the Court reinstated the Court of Appeals' memorandum decision in Matter of C.A.H. (49A02-1302-AD-129, 2013 WL 3832250, Ind.Ct.App. July 23, 2013) as a memorandum decision. Consequently, the prior order granting transfer was vacated, and transfer was denied. This concluded the appeal, as directed by Appellate Rule 58(B). The Clerk was instructed to certify the appeal as final and distribute copies of the order to Judge Nancy H. Vaidik, the Court of Appeals Administrator, and all counsel of record. Additionally, the Clerk was to send the order to LexisNexis and Thomson/Reuters for publication. All Justices concurred, except for Justices David and Rush, who dissented from the denial of transfer.
Legal Issues Addressed
Finality of Appeal under Appellate Rule 58(B)subscribe to see similar legal issues
Application: The appeal was concluded with instructions for the Clerk to certify the appeal as final and distribute copies of the order to relevant parties.
Reasoning: This concluded the appeal, as directed by Appellate Rule 58(B). The Clerk was instructed to certify the appeal as final and distribute copies of the order to Judge Nancy H. Vaidik, the Court of Appeals Administrator, and all counsel of record.
Judicial Dissent in Denial of Transfersubscribe to see similar legal issues
Application: Justices David and Rush dissented from the majority decision to deny the transfer of jurisdiction.
Reasoning: All Justices concurred, except for Justices David and Rush, who dissented from the denial of transfer.
Jurisdiction Transfer from Court of Appealssubscribe to see similar legal issues
Application: The Court initially granted a petition for transferring jurisdiction from the Court of Appeals but ultimately decided not to assume jurisdiction, effectively reinstating the Court of Appeals' decision.
Reasoning: On January 16, 2014, the Court granted a petition for the transfer of jurisdiction from the Court of Appeals. Following further review, including oral arguments and discussions among the Justices, the Court decided not to assume jurisdiction over the appeal.
Publication of Court Ordersubscribe to see similar legal issues
Application: The Clerk was instructed to send the order for publication to legal research platforms LexisNexis and Thomson/Reuters.
Reasoning: Additionally, the Clerk was to send the order to LexisNexis and Thomson/Reuters for publication.
Reinstatement of Court of Appeals Decisionsubscribe to see similar legal issues
Application: The Court reinstated the decision of the Court of Appeals in the matter of C.A.H. as a memorandum decision, vacating the prior order that granted transfer.
Reasoning: As a result, the Court reinstated the Court of Appeals' memorandum decision in Matter of C.A.H. (49A02-1302-AD-129, 2013 WL 3832250, Ind.Ct.App. July 23, 2013) as a memorandum decision. Consequently, the prior order granting transfer was vacated, and transfer was denied.