Robins v. Harris

Supreme Court of Indiana · 2002 · Torts

TortsBatteryAppellate Proceduresummary judgmentappeal dismissedtransfer grantedsummary affirmancebattery

Facts

Tammy Robins sought damages for personal injuries, alleging that deputy Michael Soules sexually assaulted her while she was an inmate at the Vigo County Jail. Soules admitted to the sexual conduct and pled guilty to official misconduct, and he did not join the other defendants' motion for summary judgment. Robins pursued claims against Soules, the Sheriff, and the County Commissioners. After transfer was granted, the Sheriff and Commissioners informed the Supreme Court that the parties had entered into a settlement agreement terminating the litigation.

Issue

After granting transfer to address the issue of consent as a defense to battery, what should the Supreme Court do when the parties report that they have settled and move to dismiss the appeal? In particular, should the Court leave intact the Court of Appeals' resolution of other issues while declining to decide the consent issue?

Rule

When the Supreme Court of Indiana has granted transfer, thereby vacating the Court of Appeals opinion and taking jurisdiction, it may summarily affirm the Court of Appeals' original and rehearing opinions except as to a specified issue and grant a motion to dismiss the appeal after settlement.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In a negligence suit from Fort Wayne, the Indiana Court of Appeals affirmed dismissal of a city board but reversed as to a transit supervisor. The Indiana Supreme Court granted transfer solely to review whether a release barred the claim, and three months later all parties filed a joint notice that the case had settled and asked to dismiss the appeal.

What is the Indiana Supreme Court most clearly permitted to do under the majority opinion's approach?

Explanation. Once transfer is granted, the Court of Appeals opinion is automatically vacated and jurisdiction shifts to the Indiana Supreme Court. Under the majority opinion, if the parties then settle, the Court may summarily affirm the Court of Appeals' original and rehearing opinions except as to the specified issue for which transfer had been granted, and then dismiss the appeal.