Indiana Supreme Court, 2015

2513 S. Holt Road Holdings, LLC v. Holt Road, LLC

2513 S. Holt Road Holdings, LLC v. Holt Road, LLC
Indiana Supreme Court · Decided December 11, 2015 · David, Dickson, From, Massa, Rucker, Rush
43 N.E.3d 1275; 2015 Ind. LEXIS 1021; 2015 WL 8520904 (North Eastern Reporter, Third Series)

2513 S. Holt Road Holdings, LLC v. Holt Road, LLC

Opinion of the Court

Published Order

By order dated October 28, 2015, the Court granted a petition seeking transfer *1276of jurisdiction from the Court of Appeals. After further review, including consideration of the points'presented by counsel at oral argument and discussion among the Justices in conference after the oral argument, the Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals decision, 2513-2515 South Holt Road Holdings, LLC v. Holt Road, LLC, et al., 40 N.E.3d 859 (Ind.Ct.App. 2015), should be reinstated as Court of Appeals' precedent.

Accordingly, the order granting, transfer is VACATED and transfer is hereby DENIED. Pursuant to Appellate Rule 58(B), this appeal is at an end.

DICKSON, RUCKER, and MASSA, JJ., concur. RUSH, C.J., and DAVID, J., dissent from the denial of transfer. .

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