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Tuesday, August 14, 2007

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)

For publication opinions today (1):

In Roger Johnson, as Indiana State Fire Marshall v. Patriotic Fireworks, Inc., et al. , a 10-page opinion, Judge Darden writes:

Indiana State Fire Marshal Roger Johnson (“the Fire Marshal”), in his official capacity, and the State of Indiana, (collectively “the State,”) bring this interlocutory appeal from the trial court’s denial of the Fire Marshal’s motion to dismiss the consolidated complaints of Patriotic Fireworks, Inc. (“Patriotic”) and other fireworks wholesalers, in which they challenge the Fire Marshal’s requirement that fireworks wholesalers with multiple sales locations obtain separate certificates of compliance for each location that they operate. We reverse and remand. * * *

Our Supreme Court has categorically held that the question of whether Indiana Code section 22-11-14-5 requires fireworks wholesalers to obtain separate certificates of compliance for each of their locations is a question of fact that can be resolved through the administrative process. Patriotic was required to pursue administrative review before being granted access to the trial court for judicial review. Because Patriotic did not so act, the trial court lacked subject matter jurisdiction to hear Patriotic’s claim. Accordingly, we reverse and remand with instructions that Patriotic’s complaint be dismissed.

NFP civil opinions today (1):

Adam G. Bauer v. Jill M. Birk-Bauer (NFP) - "Adam Bauer (“Husband”) appeals the trial court’s order dissolving his marriage to Jill Birk-Bauer (“Wife”). We affirm.

"Issues. 1. Whether the trial court abused its discretion in establishing the visitation order. 2. Whether the trial court abused its discretion in its distribution of the marital estate. 3. Whether the trial court abused its discretion in awarding temporary maintenance to Wife."

NFP criminal opinions today (4):

Mary Francis Edwards v. State of Indiana (NFP)

Richard Samuels v. State of Indiana (NFP)

Michael D. Smith v. State of Indiana (NFP)

Jonnie Napier v. State of Indiana (NFP)

Posted by Marcia Oddi on August 14, 2007 01:05 PM
Posted to Ind. App.Ct. Decisions