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Transfer granted to judicial review case

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The Indiana Supreme Court granted transfer May 14 to a case involving the means for judicial review of final agency actions.

In Indiana Family and Social Services Administration v. Alice V. Meyer, now deceased, Dianne M. Rynn, Trustee of the Alice V. Meyer Trust Dated Dec. 19, 2001, No. 69A01-0807-CV-358, the trial court determined Alice Meyer's trust didn't fail to timely file the agency record after Meyer's Medicaid benefits were denied. The trial court denied the Family and Social Services Administration's motion to dismiss for lack of subject matter jurisdiction for failing to timely file the agency record.

In the appeal, the Indiana Court of Appeals examined Indiana Code Section 4-21.5-5-13 and ruled the phrase "cause for dismissal" means the General Assembly intended to empower, but not require, a trial court to dismiss an appeal that doesn't follow statute requirements. The appellate court concluded the statute doesn't speak to subject matter jurisdiction, doesn't mandate automatic dismissal for procedural error, and must be read to confer the trial court discretion in some circumstances. Judge Paul Mathias dissented, writing the timely and complete filing of the agency record is a condition precedent to the acquisition of jurisdiction to consider a petition for judicial review.

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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