Indiana Decisions - Transfer list for week ending May 21, 2004
Here is the Indiana Supreme Court's transfer list for the week ending May 21, 2004. For other recent lists, check "Indiana Transfer Lists" under "Categories" in the right column.
Here are the links to the Court of Appeals opinions in the two cases which were granted transfer today:
- PSI Energy, Inc. v. William Lee Roberts, et al. (1/28/04 IndCtApp) [Torts] (Duty of landowner to keep its property in a reasonably safe condition for independent contractors invitees. Premises liability; asbestos.) Here the Supreme Court granted appellant's petition for transfer on 5/21/04 and issued SUPREME COURT CAUSE NUMBER 49S020405CV00217;
- Bank of NY v. Nally (7/3/03 IndCtApp) [Banking] (The Bank argues that its mortgage should have been given priority over the mortgage given to Owens — even though the mortgage to Owens was recorded before the mortgage to the Bank — because the mortgage to Owens was not recorded in the grantor-grantee index. The Bank also argues that it is entitled to protection under the doctrine of equitable subrogation.) In this case the Supreme Court issued an order on 4/28/04 determining that the case "warrants oral argument" and scheduled argument for 5/20/04. After the argument (which may be viewed online via this page) the Court granted transfer on 5/21/04; SUPREME COURT CAUSE NUMBER 29S020405CV00214.
Posted by Marcia Oddi at May 21, 2004 03:00 PM