ILNews

Appeals court upholds dismissal of Star appeal on rehearing

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals granted The Indianapolis Star’s request for rehearing regarding the court’s decision to dismiss the newspaper’s appeal of a discovery order, but the court once again voted 2-1 to dismiss the appeal.

Chief Judge Margret Robb signed the eight-page order on rehearing in which Judges Edward Najam and Elaine Brown affirmed the Dec. 7, 2012, published order dismissing appeal over this matter. Judge Rudolph Pyle III dissented as he did previously.

This is the second time this case has come before the COA; the first time, the judges sent the case back to the trial court to determine whether the newspaper has to identify an online user whose comment is part of a defamation lawsuit filed by Jeffrey Miller, former CEO of Junior Achievement of Central Indiana. The trial court has since ordered The Star to produce the name.

The Court of Appeals voted late last year 2-1 that the discovery order isn’t a final judgment and the court has no jurisdiction over the case.

Typically, the appeals court will deny a rehearing petition when a party offers new arguments on rehearing, but the judges decided to address the four arguments raised by The Star in its petition. The newspaper contended that this appeal came to the court by the same procedural route as the first appeal; that In re WTHR-TV, 693 N.E.2d 1 (Ind. 1998), allows the appeals court to disregard Rule 14(B) trial court certification requirement for a discretionary interlocutory appeal and to decide this case on the merits; that the discovery order didn’t comply with Trial Rule 34(C) and the noncompliant order can’t evade the jurisdiction of the COA; and that Appellate Rule 66(B) should be available to save this appeal from procedural default.

The majority held that no authority suggests that the traditional right to appeal preserved in the Indiana Constitution includes the right to a direct appeal from interlocutory orders; that the newspaper’s reliance on WTHR-TV is misplaced; and Rule 66(B) won’t salvage a total failure to comply with Trial Rule 54(B).

The order is In re Indiana Newspapers Inc d/b/a The Indianapolis Star v. Jeffrey M. Miller, et al., 49A02-1211-PL-898.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

ADVERTISEMENT