Marion County Election Board v. Schoettle

899 N.E.2d 642, 2008 Ind. LEXIS 1047, 2008 WL 5501062

• Court: Indiana Supreme Court
• Decided: November 3, 2008
• Docket: 49S00-0811-CV-586
• Status: Published

Opinions

ORDER

The trial court entered an order granting an injunction in the case below on Friday, October 31, 2008. Appellant initiated this appeal, which was docketed in the Court of Appeals pursuant to Indiana Appellate Rule 5. As part of its appeal, Appellant filed an emergency motion for stay of the trial court’s order pending appeal and requested a schedule for expeditious resolution of the motion for stay. The Court of Appeals then set 9:00 a.m. on Monday, November 3, 2008, as the deadline for responses to the motion for stay.

Appellees filed a verified motion requesting the Supreme Court to grant transfer pursuant to Appellate Rule 56(A), assume jurisdiction over this appeal, and deny the motion for stay. At 4:00 p.m., the Court of Appeals granted the requested stay.

This Court, having considered Appellees’ motion to transfer, Appellant’s response thereto, and the action of the Court of Appeals, now GRANTS the motion to transfer. Having assumed jurisdiction over this appeal, this Court vacates the order of the Court of Appeals imposing the stay. The trial court’s order granting the injunction is reinstated and remains in effect pending final resolution of this appeal or further order from this Court.

SHEPARD, C.J., and DICKSON, SULLIVAN, BOEHM, and RUCKER, JJ., concur.