Published Order Dismissing Appeal - The Indiana Law Blog

Accordingly, we must reject The Star's contention that the Discovery Order is a
final, appealable judgment. We hold that The Star has standing in its capacity as the de
jure representative of an unnamed defendant on First Amendment issues to seek an
appeal from the Discovery Order under Trial Rule 54(B) and Appellate Rule 2(H)(2).
And we reject the argument that under Article VII, Section 6 of the Indiana Constitution,
the Discovery, Order must be "deemed final by law" under Appellate Rule 2(H)(5) in
order to preserve The Star's constitutional right to appeal from the Discovery Order.
The Star does not have an absolute right to appeal an interlocutory discovery order any
more than a party would have an absolute right to appeal a discovery order in any other
case.
Thus, we are obliged to dismiss this appeal for lack of subject matter jurisdiction.
Having reviewed the matter, the Court FINDS AND ORDERS AS FOLLOWS:
1. Because this Court lacks subject matter jurisdiction over this appeal, this
appeal is DISMISSED.
2. The stay ordered by this court pending our review of the parties' arguments
shall remain in effect for seven (7) calendar days from the date of this order, at which
time the stay shall automatically expire.
3. The Appellant, Indiana Newspapers, Inc. d/b/a The Indianapolis Star's,
Motion for Leave to File a Reply in Support of Appellant's Motion for Stay is DENIED
AS MOOT.
4. The Clerk of this Court is directed to serve copies of this order on the
parties, the trial court, and the Clerk of the Marion Circuit & Superior Courts.
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