Friday, April 21, 2006

Transfer Woes: Not Judge Robb's Lucky Day.

The transfer list for this week is interesting. (Available here on the Indiana Law Blog.) Three grants in two published and one unpublished decision of the Court of Appeals.

Judge Robb was the author of all three. The other thing the opinions have in common is that they are all civil cases. I can't recall when I saw three grants of transfer in a week arising from opinions by one judge.

The two published opinions in which transfer has now been granted are:

Lambert v. Lambert (Ind. Ct. App. December 15, 2005) (The effect of imprisonment on child support obligations)


City of Carmel v. Steele (Ind. Ct. App. November 8, 2005) (City ordinances and annexation).

The third, unpublished decision is Holcomb v. Walter's Dimmick Petroleum, Inc., Court of Appeals No. 76A04-0410-CV-572 (Ind. Ct. App. November 8, 2005) (mem.). (No reason to include the case numbers with the linkable cases.)

In both Lambert and Holcomb, Judge Bailey concurred with Judge Robb; Judge Friedlander dissented in both. In Steele, Judge Robb was joined by both Chief Judge Kirsch and Judge May.

Looks like Judge Robb was having a tough day on November 8th last year--and another one today. At least in the two published decisions, from what I can see and guess, transfer hasn't been granted to say the cases were correctly decided.

On the other hand, it looks like a pretty good day for Judge Friedlander--two dissents that, it appears, will prevail--and one of them in an unpublished decision.

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