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Justices deny transfer in 23 cases, splitting on 3

February 20, 2019

The Indiana Supreme Court denied 23 transfer requests last week, splitting on three of those cases.

In the case of Rex Rawlings v. Kim Rawlings, the termination and division of a multi-generational trust containing more than 422 acres of land was affirmed by the Indiana Court of Appeals, which split on the question of whether a probate court could adjudicate a separate agreement between two heirs. All justices concurred on the denial to grant transfer except Chief Justice Loretta Rush, who voted to grant transfer.

Then in the case of Tervarus L. Gary v. State of Indiana, Rush joined Justice Steven David, who wrote a sharp dissent from the majority’s denial of a father’s sentencing via video for failing to pay child support. The justices split on whether Gary had a right to be physically present at his sentencing.

Finally, Rush and Justice Geoffrey Slaughter voted for transfer in Bloombank v. United Fidelity Bank F.S.B., et al., in which a bank that brought breach of contract, fraud and unjust enrichment claims against its loanee failed to state a claim that the loanee violated the usual and customary practices laid out in its participation agreement. All other justices concurred to deny transfer.

The transfer list for the week ending February 15 is available here.

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