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Court splits over release of college transcript

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A divided panel on the Indiana Court of Appeals dismissed Ball State University’s appeal of the order that it release the transcript of a student who left the school and owes tuition. The student’s mother added the university to her petition seeking to require her ex-husband to contribute to their child’s college expenses.

Jennifer Irons filed the petition for modification in May 2011, seeking in part an order that Scott Irons contribute to daughter Jordan Iron’s college expenses at Ball State. She attended the school in the fall of 2011 but withdrew in early 2012, leaving an unpaid tuition balance. Jordan is unable to enroll at another college because Ball State will not release her transcript until the tuition is paid.

Jennifer Irons added the school to the complaint because the trial court was unable to fully adjudicate the issues, as future college expenses couldn’t be completely determined until Jordan enrolled at Indiana University Northwest.

Ball State sought to dismiss with prejudice the claim against it, arguing Jordan had no right to her transcript unless she paid the balance on her tuition. The trial court, noting this is an issue of first impression, ordered the university to release the transcript. Lake Circuit Judge George C. Paras also wrote in the order that the Legislature hasn’t created a statutory lien that would allow the university to withhold a transcript for failure to pay tuition.

Ball State appealed, but Jennifer Irons claimed that the order was interlocutory and the university had to have the order certified. Ball State claimed it properly filed the appeal under Ind. App. Rule 14(A).

“We conclude that the order does not fall under Appellate Rule 14(A)(3). The delivery of Jordan’s official transcript does not ‘import a surrender’ as contemplated by the rule. Whether the delivery disposes of all claims and relief sought against BSU does not determine whether a surrender has occurred,” Judge Michael Barnes wrote for the majority, which includes Judge Robb. “Giving Jennifer a copy of Jordan’s official transcript does not remove the official transcript from BSU’s control.”

“Although BSU did not have a right to appeal the trial court’s order compelling the delivery of the transcript under Appellate Rule 14(A)(3), it could have asked the trial court to certify the order for an interlocutory appeal pursuant to Appellate Rule 14(B). Because BSU failed to have the order properly certified, we must dismiss this appeal,” he wrote in Ball State University v. Jennifer Irons, In re the Marriage of: Jennifer Irons, Wife, and Scott Irons, Husband, 45A03-1307-DR-296.

Judge Elaine Brown dissented on this issue, believing that the order does constitute an interlocutory appeal of right – either under Rule 14(A)(3) or Appellate Rule 14(A)(8).

“BSU is not simply appealing a discovery order which requires parties to a lawsuit to produce documents which could be used as evidence at trial. The appealed order is a dispositive order as to BSU as it serves to dispose of all claims and relief sought against BSU,” she wrote.

The judges all agreed that Jennifer Irons should be denied appellate attorney fees.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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