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Wednesday, December 07, 2005
Ind. Decisions - Supreme Court throws out two appeals
In two opinions today, Daimler Chrysler Corporation v. Samuel and Diane Yeager, and Daimler Chrysler Corporation v. Tina and Darrin Wagner, the Supreme dismissed appeals on proceddural grounds. Here is Justice Dickson, writing for a unanimous court in the Yeager case:
When the trial court denied its motion to dismiss and compel arbitration, the defendant, Daimler Chrysler Corporation, brought this appeal without first seeking trial court certification to initiate an interlocutory appeal pursuant to Indiana Trial Rule 14. The plaintiffs, Samuel and Diane Yaeger, filed a motion to dismiss the appeal, which a majority of a panel of the Court of Appeals denied, holding that it had discretion to address the appeal under Indiana Appellate Rule 66(B). Daimler Chrysler Corp. v. Yaeger, 818 N.E.2d 527 (Ind. Ct. App. 2004). Judge Vaidik dissented. We granted transfer. Agreeing with the dissent, we hold that Appellate Rule 66(B) does not authorize an interlocutory appeal that fails to comply with Appellate Rule 14. * * *For Daimler Chrysler to appeal from the denial of its motion to dismiss and compel arbi-tration, it was required to first seek and obtain certification from the trial court authorizing an appeal from the interlocutory order. This it failed to do. We therefore grant the Yeagers' motion to dismiss the appeal. This appeal is dismissed, and the cause is remanded to the trial court.
Posted by Marcia Oddi on December 7, 2005 10:13 AM
Posted to Ind. Sup.Ct. Decisions