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Saturday, December 31, 2005

Ind. Decisions - Yesterday's grant of transfer by the Supreme Court

Yesterday, in its last Transfer List of the year, the Supreme Court granted transfer to only one case, Ann & Jeff Willis v. Christopher Westerfield.

Last evening I received a note from a reader pointing out this represents "the longest period that I can recall between a ruling and a grant of transfer . . ."

The details from the reader (quoting from earlier ILB entries):

Ann & Jeff Willis v. Christopher Westerfield (11/17/04 IndCtApp) [Torts] (ILB here)
[Opinion on Rehearing]
Vaidik, Judge

On rehearing, the Willises raise three issues, one of which we find dispositive; namely, whether the trial court erred by instructing the jury on the affirmative defense of failure to mitigate damages. Initially, we found no error in the trial court's decision to instruct the jury on the failure to mitigate defense. See Willis v. Westerfield, 803 N.E.2d 1147, 1155 (Ind. Ct. App. 2004). Upon further reflection, we now reach the opposite conclusion. * * *

As to all other matters discussed in our original opinion and not herein addressed, we stand by our initial resolution of those issues.
Reversed and remanded for a new trial on the issue of damages.
SHARPNACK, J., and BAILEY, J., concur.

was dated 11/17/04, more than a year ago . . . while the original decision came down in February 2004, almost two years ago.
Ann and Jeff Willis v. Christopher Westerfield (2/25/04 IndCtApp) [Civil Procedure] (ILB here)

Includes discussion of the affirmative defense of sudden emergency.

The Supreme Court docket has only this entry:
12/29/05 APPELLEE'S PETITION FOR TRANSFER IS HEREBY GRANTED.
RANDALL T. SHEPARD, CHIEF JUSTICE MS
12/30/05 ****** ABOVE ENTRY MAILED ******
Here is the last part of the Court of Appeals docket:
11/17/04 2004 TERM
REVERSED/REMANDED FOR A NEW TRIAL ON THE ISSUES OF DAMAGES.
VAIDIK, J.
SHARPNACK, J., AND BAILEY, J., CONCUR
6 PAGES MS
11/17/04 ****** ABOVE ENTRY MAILED ******
11/17/04 ****NOTE: SUPPLEMENTAL APPENDIX RETURNED. MS
12/10/04 3 VOL. TRANSCRIPT, 2 VOL. EXHIBIT, 2 VOL. DEPOSITION, T/C,
1 VOL. APPENDIX & 1 VOL. SUPPLEMENTAL APPENDIX RELEASED TO
ATTY. COLLINGNON. RC
12/16/04 APPELLEE'S PETITION FOR TRANSFER (9)
PROOF OF SERVICE (2) MAIL RC
12/20/04 3 VOLUME TRANSCRIPT, 2 VOLUME EXHIBIT, T/C, 2 VOLUME DEPOSITION
TRANSCRIPTS, 1 VOL. APPENDIX, 1 VOL. SUPPLEMENTAL
APPENDIX RETURNED DS
1/25/05 ***********TRANSMITTED ON TRANSFER 01/25/05*********** RS
12/29/05 CASE TRANSFERRED TO THE SUPREME COURT
SUPREME COURT CAUSE NUMBER 49S020512CV00692

Posted by Marcia Oddi on December 31, 2005 03:40 PM
Posted to Ind. Sup.Ct. Decisions