Whiskey Barrel Planters Co. v. American GardenWorks, Inc.

Indiana Supreme Court

Whiskey Barrel Planters Co. v. American GardenWorks, Inc.

976 N.E.2d 1227, 2012 Ind. LEXIS 1077, 2012 WL 5356339

CourtIndiana Supreme Court

DecidedOctober 29, 2012

DocketNo. 04S03-1209-PL-503

StatusPublished

This text of 976 N.E.2d 1227 (Whiskey Barrel Planters Co. v. American GardenWorks, Inc.) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whiskey Barrel Planters Co. v. American GardenWorks, Inc., 976 N.E.2d 1227, 2012 Ind. LEXIS 1077, 2012 WL 5356339 (Ind. 2012).

Pincite

Opinion

PUBLISHED ORDER

By order dated August 31, 2012, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. After further review, including considering the points presented by counsel at oral argument and further 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 opinion reported as Whiskey Barrel Planters Co., Inc. v. American GardenWorks, Inc., 966 N.E.2d 711 (Ind.Ct.App.2012), 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.

The Court DIRECTS the Clerk to certify this appeal as final and to send copies of this order to the Hon. Margret G. Robb, Chief Judge of the Court of Appeals; the Hon. Rex W. Kepner, Judge the Benton Circuit Court; to Steve Lancaster and Danielle Sheff; and to all counsel of record.

The Court further DIRECTS the Clerk to send a copy of this Order to LexisNexis and to Thomson/Reuters for publication on-line and in the bound volumes of this Court’s decisions.

All Justices concur.

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PUBLISHED ORDER

By order dated August 31, 2012, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. After further review, including considering the points presented by counsel at oral argument and further 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 opinion reported as Whiskey Barrel Planters Co., Inc. v. American GardenWorks, Inc., 966 N.E.2d 711 (Ind.Ct.App.2012), 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.

The Court DIRECTS the Clerk to certify this appeal as final and to send copies of this order to the Hon. Margret G. Robb, Chief Judge of the Court of Appeals; the Hon. Rex W. Kepner, Judge the Benton Circuit Court; to Steve Lancaster and Danielle Sheff; and to all counsel of record.

The Court further DIRECTS the Clerk to send a copy of this Order to LexisNexis and to Thomson/Reuters for publication on-line and in the bound volumes of this Court’s decisions.

All Justices concur.

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Bluebook (online)

976 N.E.2d 1227, 2012 Ind. LEXIS 1077, 2012 WL 5356339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whiskey-barrel-planters-co-v-american-gardenworks-inc-ind-2012.

Opinion

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