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COA rules it doesn’t have jurisdiction over online comment appeal

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The Indiana Court of Appeals issued a 20-page order Dec. 7 outlining why Judges Edward Najam and Elaine Brown dismissed The Indianapolis Star’s latest appeal against having to release the name of an online commenter to the plaintiff in a lawsuit.

Jeffrey Miller, former CEO of Junior Achievement of Indiana, sued multiple parties for defamation and sought to add people who made anonymous comments on news organization websites that ran stories about Miller and Junior Achievement.

Marion Superior Judge S.K. Reid ordered several news outlets, including The Star, to release the identity of online commenters. The newspaper fought the order, and the Court of Appeals in February reversed. The case went back to Reid with a requirement to apply a modified version of the Dendrite test to determine whether Miller satisfied the requirements for obtaining the commenter’s identity.

The trial court again ordered the newspaper to disclose the commenter's identity in October, leading The Star to appeal again. After initially blocking Reid’s order in November, the appellate court held a hearing Nov. 20 on the matter, leading to two of the three judges deciding the court does not have jurisdiction to consider the trial court’s discovery order. The newspaper argued that the discovery order is severable as a final, appealable judgment, and that based on Article VII, Section 6 of the Indiana Constitution, the discovery order must be “deemed final by law.”

“We conclude that The Star’s argument that the Discovery Order is severable as a final judgment is a reprise of the ‘distinct and separate branch doctrine,’ which our Supreme Court repudiated in Berry v. Hoffman, 643 N.E.2d 327, 329 (Ind. 1994), a doctrine which has been superseded by the requirement that the trial court ‘direct the entry of final judgment’ under Trial Rule 54(B),” the order says. “Thus the Discovery Order cannot be considered a final, appealable judgment under Appellate Rule 2(H)(1) because it did not dispose of all claims as to all parties and cannot be considered a final, appealable judgment under Appellate Rule 2(H)(2) because the trial court did not expressly determine that there is not just reason for the delay and direct the entry of the Discover Order as a final judgment as to fewer than all the claims or parties under Trial Rule 54(B).”

Judge Rudy Pyle dissented, writing, “The majority ably argues that Indiana Trial Rule 54(b) and the rule announced in Berry … permit shoehorning The Star into this litigation as a party. However, I submit that the shoe does not fit.”

He argued that due process interests should trump concerns about expediting litigation.

“It seems unreasonable to expect a non-party to seek appellate review using a Trial Rule designed for parties,” he wrote. “Preventing The Star from seeking appellate review of a new court order seems to change the rules of the road.”

The stay ordered by the court remains in effect until Friday, after which it will automatically expire.
 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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